Buttman John Stagliano

 John Stagliano prosecuted for obscenity



16th April
2008
  

Kicking Butt...

John Stagliano launches Defend Our Porn website

www.defendourporn.org Evil Angel has launched DefendOurPorn.org, a website that will serve as the company's hub of information related to the obscenity prosecution brought against its owner, John Stagliano (alter ego Buttman).

DefendOurPorn.org contains news links about the case from numerous media outlets, a Contact Your Congressperson button, a PayPal page to make a donation to Stagliano's legal fund and a guestbook.

Evil Angel established the Defend Our Porn fund in response to fans wanting to help Stagliano's defense effort. Donations initially will be applied towards Stagliano's case, and the fund will live on after the trial. Any funds left over will be rolled over to other free speech causes.

Stagliano will be arraigned April 21 in U.S. District Court in Washington, D.C. after which he will hold a press conference where he and his attorney, Allan Gelbard, will make statements and answer questions from the press.

 

7th November
2008
  

Offsite: Obscene Chilling of Free Speech...

John Stagliano challenges unconstitutional obscenity test

US Constitution Attorneys for John Stagliano have filed motions to dismiss the federal obscenity charges against the director and his companies, arguing that the Supreme Court test for obscenity is outdated and unconstitutional.

Attorneys Allan Gelbard and Paul Cambria filed their respective motions on Oct. 30 and 31 in reply to the federal government's opposition to the Stagliano defense team's original motions to dismiss the charges.

They contend in their motion that the First Amendment prohibits prosecution of E.A. Productions for use of an interactive computer service to distribute on-line communications because, unlike many off-line publishers, Internet publishers cannot control the geographic reach of their communications.

[T]he use of local community standards to judge the lawfulness of such on-line communications invariably subjects those communications to the restrictions of the most conservative communities in the nation, E.A. Productions submits that this reality unconstitutionally chills speech by allowing an Internet heckler's veto to these conservative communities.

...Read full article

 

24th November
2008
  

Offisite: Unconstitutionally Vague...

John Stagliano argues in court against obscenity law

Evil Angel logo Evil Angel Productions owner John Stagliano will have his first formal chance to get the charges against him dismissed on Tuesday, Nov. 25, when his attorney Allan B. Gelbard will mount a multi-faceted attack on the government's contention that two DVDs sent by Evil Angel to FBI agents in the District of Columbia, and one trailer downloaded there, are obscene.

Gelbard's introduction to his Motion sets out the major arguments he will use before U.S. District Judge Richard J. Leon

Initially, all charges based on the downloading of the Internet trailer from the Evil Angel website are constitutionally impermissible as any finding of obscenity requires the work(s) must be 'taken as a whole' and evaluated based on 'contemporary community standards', Gelbard summarizes: Both terms have been found unconstitutionally vague as applied to Internet speech. Additionally, their cumulative effect, in combination with the government's ability to 'forum shop' the prosecution, further exacerbates the due process violation.

...Read full article

 

26th February
2010
  

Update: Vaguely Constitutional...

John Stagliano fails to convince court that obscenity laws are unconstitutional

Evil Angel logoA federal judge in Washington, D.C., refused to dismiss a case against pornography producers who were charged with trafficking hard-core porn films across state lines and displaying illicit movie trailers online.

U.S. District Judge Richard Leon rejected their claim that federal obscenity laws are unconstitutional.

John Stagliano and Evil Angel Productions Inc. claimed that federal laws criminalizing the interstate trafficking of obscenity were unconstitutional. They argued that the law barring a Web site from displaying obscene materials was unconstitutionally vague and overbroad, because made online material subject to the community standards of the most conservative jurisdictions in the country.

But Judge Leon said the law was confined to a very narrow legal definition of obscenity. He said he is certain that online material will be judged as a whole and not individually according to obscenity laws, quashing filmmakers concerns that the trailer would be taken out of context.

Federal obscenity statutes require items to be judged in context of surrounding work. The government will have to show that the trailer is obscene in the context of the Web page, Leon said.

He also rejected their claim of a right to sexual privacy, saying such a right does not cover the distribution of obscene materials. He said the producers' case pales in comparison and does not even remotely approach the sexual privacy cases concerning homosexual rights and rights to obtain birth control. However you look at it, obscene material is not protected by the First Amendment, Leon concluded.

Update: Trial Set

26th March 2010. See article from xbiz.com

A federal judge has set a July 7 trial date for the obscenity case against John Stagliano and his two production companies, Evil Angel Productions Inc. and John Stagliano Inc.

U.S. District Judge Richard Leon, at a status conference in Washington at 3 p.m., set the trial date one month and one day after he rejected Stagliano's claim that federal obscenity laws are unconstitutional.

Leon said last month that obscene material is not protected by the 1st Amendment: Having considered the defendants' overbreath of arguments, I am not convinced that such strong medicine is warranted in this case. Nor am I convinced that the federal obscenity statutes are unconstitutionally vague as applied to Internet speech.

 

24th February
2011
  

Update: 'Pornography Harms' Bollox...

John Stagliano refutes nutter campaign

buttman dvd Adult film maker John Stagliano (Buttman) issued the following statement decrying the recent attacks on personal liberties by moral crusaders:

This week, the group 'Pornography Harms' continued its campaign to ban free speech and adult entertainment through a letter circulated around Capitol Hill with the goal of spurring elected officials into enacting the group's dangerous agenda. The letter cites worn-out and debunked claims that view.

Recent statistics show those claims simply are not true. A study from a Clemson University economist showed that violent and sexual crimes have actually decreased as Internet usages have increased. The study's author found that states whose Internet access expanded the fastest saw rapes and sexual crimes decline the most.

We are tired of being slandered. It is apparent that if people are left free to consume pornography, if they so choose, the world is a healthier, less violent place.'

In 2008, the Department of Justice's Obscenity Prosecution Task Force brought charges against Stagliano in a trial which gained national attention over its free speech implications. In July of 2010, the trial ended in a Judicial Acquittal after the Judge ruled there wasn't sufficient evidence presented by the prosecution to convict. Groups such as Pornography Harms have lobbied government agencies and elected officials to continue to stifle first amendment / free speech rights through similar prosecutions.

The recent Pornography Harms letter urges readers to donate to Morality in Media, an organization with a long history of First Amendment suppression tactics and alignment with other censorship driven groups. They have frequently used similar outlandish claims and factual distortions as part of their extremist agenda, such as claiming there's a link between gay marriage and mass killings. If these anti-speech activists are initially successful with their censorship agenda, they won't stop until they have turned all broadcasts and publications in line with their narrow worldview.

The only real violence involved is prosecuting someone like me with an obscenity law, a law that you can't know in advance when you are breaking it.'

 


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