THE UNITED STATES VS. JOHN STAGLIANO OR "I DIDN'T KNOW I WAS BREAKING THE LAW"


It's been a long day at work. You're belly is starting to grumble, and you don't have nearly enough energy to cook dinner. As you drive past a McDonald's, you think, "Damn, I could really go for a Big Mac right about now." (This wouldn't be my personal preference, but with billions and billions served, I suspect this craving is experienced by many.) The building looks suspiciously deserted, and as you pull up to the drive through window, you find it closed and obscured by a notice stating, "Closed by the US Supreme Court for distributing unhealthy products within the community."

What the fuck is up with that?! If I want to indulge in a sackful of saturated fats every once in a while, or even on a daily basis until I get so fat that I can't leave my bed and Maury Povich has to exploit me in an exclusive episode that ends with me getting extricated from my home via helicopter, I should be able to make that choice for myself, right? Never fear, your all beef patties and special sauce are still safe for now, but the government does seem to operate in this manner when it comes to pornography and obscenity laws. I recently attended the Free Speech Coalition's Bada-Bing Bailout Bash at the Skirball Cultural Center in LA where significant and influential individuals in the adult entertainment industry were honored with awards. Among those being honored were Peggy Oettinger, the president of the Sinclair Institute, Larry Flynt, the head of Hustler and a frequent defender of our first amendment rights, and John Stagliano, the head of Evil Angel who is currently under indictment for violating obscenity laws. John's current battle to avoid spending the rest of his life in prison has really struck a nerve with me.

Now, if the law stated that distributing a video of a woman being sodomized with a baseball bat (much like the lovely Belladonna did)
would result in a five year prison sentence, and John Stagliano broke that law, there would be little that anyone could say to defend him. However, the obscenity laws have not been written in that way. Instead, a person can be taken to court after producing and distributing a product, where a decision as to whether or not the product is considered obscene will then be made based on the court's assessment of the current community standard for obscenity. This is absurd! That means that the government can imprison somebody for violating a law that is not clearly defined.

The basic guidelines as established by Chief Justice Warren Burger are: "(a) whether 'the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."

In Mr. Stagliano's case they have chosen two films, Milk Nymphos and Storm Squirters 2: Target Practice, out of the massive library of films he has produced and distributed over the past twenty-one years with Evil Angel. Somehow, he has managed to cross the line with these two fetish films, that are not substantially unlike or more offensive than hundreds of other fetish films on the market. Much like Flynt, I believe that Stagliano has become a target because his company has been such a successful leader in the production of pornography. The reason these companies have been so profitable is that people seek out and spend money on the specific types of pornography that appeal to them. Stagliano wasn't handing out free copies of Milk Nymphos in local elementary schools, he was marketing them on the Evil Angel website and in adult video stores. To wrap this up, our freedoms are being unjustly threatened, and we can't let The United States vs. John Stagliano set the precedent for future limitations on our freedom to enjoy watching the beauty that is two women drenching each other with a torrential rainfall of ejaculate.

Visit DefendOurPorn.org and support efforts to defend our first amendment rights.

Photos of Bobbi, John Stagliano, Larry Flynt and Peggy Oetinger are courtesy of the lovely and talented, Gia Jordan.


MILK NYMPHOS


STORM SQUIRTERS 2: TARGET PRACTICE

Comments

I love you

Bobbi, I love you. A genuinely smart girl and total pervert - you're my role model and a serious crush ;) I appreciate very much too a comprehensive overview of the legislation; my understanding stops somewhere around the Comstock Laws, or their mid-twentieth century manifestations so it's great to be brought up to speed.

Freedom of Speech

Thanks for your insightful commentary Bobbi. I would suggest that folks who are interested in the history of this issue watch the excellent documentary film Inside Deep Throat. Keep up the good work!!!!

Bobbi The Lawyer

I had this fantasy last-night. I love Bobbi Star . . . the lawyer.

Wow. Just wow. Don't have

Wow. Just wow. Don't have anything else really to say....

Community Standards

In the age of the internet, aren't we, the online community, the community by which the "standards" should be drawn? Is the entire world not the community when you consider the internet? If not, who is to determine what the "community" is by which these standards are to be measured? Can we assume the most permissive local or regional community standards? Or must we assume the most oppressive of standards?

Since this material must be sought out to be found, the "target demographic" is the community. So long as the material is of adults engaging in consensual acts no court should be able to arbitrarily designate it as obscene. If it didn't have an audience, it wouldn't sell. If it didn't sell it wouldn't be made. So long as it must be sought out, the AUDIENCE is the community.

Burgers definition is in part too narrow and can be used to apply to almost anything. Simplified, part (a) { whether 'the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest,} basically says, "Anything that makes you horny is obscene." With that definition, almost all mass media is obscene. Part (c) of his definition {whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."}, can arguably be used to describe anything left out by part (a). Conversely, it can be used to EXCLUDE almost anything from being labeled obscene. It all depends on the "community" observing it.

Using Bobbi's example, some people may see a woman being sodomized with a baseball bat as an artistic expression of sexuality. Others may find it offensive to their own sensibilities. Clearly the first group is the community for which the film was made and the second group not.

If someone is going to be offended by pornography, then, they should not seek it out. Those with a Puritanical ethos cannot be allowed to impose what is to be considered the "community standard" on the entire internet.

The Law is not written to protect us.

Sorry to give you the bad news Bobbi, but the laws are written to protect the Rich and Powerful ( I will call them the ruling class), not the rest of us.
The "law" is a tool that the Ruling class uses to keep the rest of us in line, to discourage those who really would
like the U.S. to be a democracy. But the U.S. is not a democracy. It is a corporate state run by, well, the heads of various major corporations (oil, companies that make weapons and profit greatly off of war, the corporate media-
who never really report the real news, and the rest of the corporations that sell us shit that really does not make
us happy).
We really dont have the freedoms you see as being threatened. Step too far out of line, and see how free we really are. I see freedom as being able to do what you enjoy, as long as it doesnt hurt others. I have met 16 year old girls
who have more smarts and wisdom then women in their 30's( me!). And if they want to walk around Venice Beach topless, with a beer, it doesnt hurt me. But it upsets those who dont want to lose control over all of us.
Now I have only met John once, and I really liked him. He runs an honest business (fills the needs of adults who are not ashamed of their sexual desires and "kinks"). Why are the Powers that be using John as an example of what can happen when one of us oversteps some line that the Super rich dont want us to? Hmmmm....
The old saying in politics and business is "follow the money".
Now who wants John out of the way, so they can grab some of the enormous profits from the Adult industry.
I happen to be on the escort side of The Trade. I have only met a few people who work on the Sex Film side,
so I am no expert. It may be that John stepped on some turf the ruling class defines as their turf.
Or the super rich and powerful may see the huge profits in the adult industry as a goldmine too good to leave to
regular folk like John. And please! -No, I am not some paranoid conspiracy theory fanatic. I just read (Howard Zinns book, The Real History of the United States, is a good place to start. )
I simply see the profits someone can make on porn, and the future of porn, and the HUGE markets out there
that have not been fully tapped ( China for one.)
I wish John the best, as I hope the best for everybody in the adult industry who chooses to be a part of this amazing industry, and pay their rent and bills and buy food and clothing (- you know- the basics) along the way.
Peace,
Kim

The United States vs John Stagliano

From last year, a Reason TV interview with John:

Clickety Click

For further historical context

There is an eye opening book called "The Destruction of the Moral Fabric of America ," where author Steven Toushin descibes his fight with the Burger/Reagan era obscenity law (he was convicted by the Supreme Court and did jail time for video sales in Chicago). History repeats itself many times over.

you filthy pig.

you filthy pig.

you nailed it Kim I still

you nailed it Kim

I still Support You Bobbii

where is our update this

where is our update this week?

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