Pornographic filmmaker John Stagliano lost a key ruling today in his attempt to get the charges thrown out against him in an adult to adult obscenity prosecution brought by the Bush Administration’s Justice Department.
Stagliano is known in Vegas for creating perhaps the greatest adult show in this city’s history, The Fashionistas. After the show closed, Stagliano and I stayed in touch and, over the years, he has become a friend. In fact, I stopped writing about him professionally until today, because I am not at all impartial on the subject of the charges against him. I know my friend is not a criminal. I think this is a low-blow prosecution. And, I can’t imagine him going to prison for naughty movies in 2010.
And, that is why even if Stagliano were a total stranger, I would be opposed to these charges. What business of mine is it what movies consenting adults make for each other to enjoy? That idea–that the government should not assume the job of ultimate movie critic–was explicitly part of the argument the judge rejected today. Honestly, I thought prosecutions like this were finished after the end credits rolled on “The People Vs. Larry Flynt.” That turned out to be just a movie, I guess, as Stagliano is now being indicted for sending naughty movies across state-lines in the real world (though it seems like some 1950s version of the real world).
I admit, I have not seen the movies in question. I don’t watch many movies, and prosecutors are not going to change that habit. What is in the movies does not matter. They are movies. They entertain people (just not me). And, I have no intention of passing judgment on other people’s taste in movies. And, there is no taste in movies so bad that it makes sense to call it a Federal crime. Certainly there seems to be a lot of indecent things in movies everyone is fine with having exist. John Waters had an actor eat feces in the celebrated “Pink Flamingos,” another movie I have not seen. But I heard Waters talk about it proudly while he was being feted at the Palms over Halloween weekend at the Fangoria festival. Waters is an honored celebrity; meanwhile, Stagliano is a defendant.
Stagliano, by the way, in part is being prosecuted for a film called “Milk Nymphos.” How does a prosecutor even keep a straight face saying that title as if it were a horrid menace to the world? Can that same prosecutor after trying to throw the ”Milk Nymphos” guy in jail then rent “Pink Flamingos” on the drive home from work? Of course, the prosecutor can. Or, if not, “Pink Flamingos” is shooting across state-lines via Netflix constantly.
How ridiculous. I assume his situation has got him support (and hopefully some pro bono help) from various First Amendment law organizations. Without knowing the details, it would seem a case like this (if ruled against him) would leave a lot of room for appeal on various constitutional grounds (i.e. the law has been wrongly interpreted and applied given various federal prescedant). The only problem is that sort of appeal can take some time and dollars –but it’s an area with lots of support organizations that can help mitigate.
If it’s just sexing and having a good time, I don’t see any problem. Violent acts and crimes against other people bother me. I’m sure this may be out of context, but voluntarily eating excrement is gross; showing someone being forced to eat excrement is much closer to obscene.
I assume the products in question are legal in Las Vegas, but are having a problem in areas such as Enid Oklahoma. Do you know if his problem is what “Community Standards” were violated?
Good to see you back online, Richard!!
Your blog is already bookmarked and I will be back frequently!!
My anger about this is two fold: one frustration with the government for bringing these changes. It is not the community standards of Las Vegas. The Justice Department,if I understand right, special ordered a film from an adult store in Washington, DC. It was not even in the store at first. With great effort they went out of their way to buy that DVD with tax payer money to specifically to prosecute John Stagliano because of his high profile.
I am irked with John Stagliano, too, as his friend, as he seems to have no interest in a redeeming social value defense (and, he has one as a hardcore libertarian constantly making points about freedom in his films). Nor is he interested in “community standards” as a defense. To show how easy that would be, I used “Pink Flamingos” above because it was made in Baltimore probably not far from where the prosecutors live. And, a community that is okay—more than okay, Baltimore tourism officials give a guide to John Waters film locations—with “Pink Flamingos” should be fine with “Milk Nymphos.” But Stagliano wants to push his libertarian ideas that the government aught not to be in the business of judging movies. And, while I agree with him on the point, I want him dealing in reality, and there is a substantial amount of case law that says government can rule a film an obscenity and place Stagliano in jail for distributing it.
I don’t want John going to jail to make a stand when he has two legitimate defenses under current law: redeeming social content and community standards.
Fortunately, as the owner of Evil Angel, Stagliano is not without financial resources to defend himself. But why won’t the Justice Department just drop this waste of court time? Yrs., Richard
Richard, the judge seems to be inviting an immediate appeal to the United States Court of Appeals for the District of Columbia Circuit. This may well end up at the Supreme Court. In any event, the district court’s ruling likely won’t control the outcome. I agree with you, however, that Stagliano is doing his best to maximize the government’s chances of success. I also agree that his position should prevail, as a matter of policy, and that the government should not be pursuing the case, but I’m not sure whether the appellate court or the Supreme Court will deem the prosecution unconstitutional. I admire your friend’s risking his freedom, however, to attempt to obtain that ruling.
Allen
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