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Wednesday, July 14, 2010
Obscenity trial of porn mogul John Stagliano taking place in Washington
At a federal courthouse in Washington, DC, 14 jurors adjust their earphones and set their gaze upon television screens that are carefully placed so as to be out of sight from most of the journalists and concerned citizens sitting in the courtroom. They watch as a milkman delivers his product to a house that's inhabited by scantily-clad women. Smiles appear on their faces and soft giggles can be heard as the milkman proceeds to engage in hardcore sex acts with the young ladies.
This was the scene at the trial of John Stagliano, a porn mogul who is currently being tried on federal obscenity charges over the films Milk Nymphos, Storm Squirters 2: Target Practice, and a trailer for a third video that was available on his company's website. If you haven't heard of this case before, Reason.tv just released a great video that will bring you up to speed:
It's hard to believe that such a trial could take place in a country with strong constitutional protections for freedom of speech and a thriving adult entertainment industry, which has largely been able to survive past attempts at government censorship. Yet, censorship is exactly what's taking place right now.
Despite the First Amendment to the Constitution, which states that "Congress shall make no law… abridging the freedom of speech," obscene material has conveniently been written out of this protection. Judges and jurists must use what's known as the Miller test to basically determine if the material would be considered objectionable by a reasonable member of the community.
What makes this trial even more reprehensible is that this was a victimless crime, one which jurors are now being told to scrutinize based on purely subjective standards. The videos at issue feature only consenting adults and no one who didn't want to view the material was ever forced to see it. One of the adults who consented to purchasing the movies happened to be an FBI agent serving on the Justice Department's Obscenity Prosecution Task Force. Since the tapes were sent to him across state lines, the federal government has the jurisdiction to prosecute Stagliano (who lives in California) in a DC court. Stagliano now faces up to 32 years in prison, which is effectively a life sentence for the HIV positive businessman.
This case has important implications for free speech and the ability of adult entertainment companies to operate in a relatively free market. Reason magazine is providing important coverage of this story. You can also check out more videos on this case, including interviews with Stagliano and UC Santa Barbara Professor Constance Penley.
Full disclosure: I am currently interning at Reason Magazine and Stagliano has been a donor to the Reason Foundation, the non-profit that publishes Reason.
Posted by Jesse Kline on July 14, 2010 in Freedom of expression | Permalink
Comments
Control zealots are work again. If you don't want to watch it, then don't. Perhaps I should have said if it doesn't turn your crank, then leave it be. I fail to see how this should be against the law, since it appears not to include minors and no one is forced to watch it.
Posted by: Alain | 2010-07-14 9:39:59 PM
Is it really necessary to put x rated content on this page?
Posted by: Timothy | 2010-07-15 6:48:02 PM
@Timothy
I'm sorry, but I don't see any. There is no nudity in that cover image, plus it is relevant to the story since he is being prosecuted for distributing that video.
Posted by: Jesse Kline | 2010-07-15 6:51:05 PM
They have been prosecuting me for 3 years for "distribution of obscne matter"
in riverside ca. Over a single image with no nudity and no genitalia and not even any conduct depicted.
If any lawyers want to slay a dragon in riverside, please email me at [email protected]
the image is here http://angelfire.com/rock2/twiggyramirez
Posted by: robin | 2010-07-17 9:00:30 PM
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