LOS ANGELES — John H. Weston, the legendary First Amendment attorney who was a foundational figure and mentor in the legal field of the adult industry, passed away yesterday, friends and colleagues have confirmed.
Weston succumbed to cancer, surrounded by his family, friends and law partners.
A First Amendment Warrior
Weston’s storied legal career made him witness and protagonist of some of the most notable legal milestones in the establishment of the legal adult industry in California and the United States.
Weston was mentored by his legal partner Stanley Fleishman, whom he later remembered as “the first major Los Angeles First Amendment attorney” and “in a very real sense, also the first major U.S. First Amendment attorney.”
"Stanley was probably the first attorney in the country to devote a significant amount of his time to the issues of sexually oriented speech and expression in the media and government attempts to regulate and censor it,” Weston reminisced.
From 1975 until 2001, Weston argued several cases in front of the U.S. Supreme Court: Young v. American Mini Theatres, Inc. (1975); Brockett v. Spokane Arcades, Inc. (1984); Fort Wayne Books, Inc. v. Indiana (1988); FW/PBS, Inc. v. City of Dallas (1989); Alexander v. United States (1993); City of Erie v. Pap’s A.M. (1999); and City of Los Angeles v. Alameda Books, Inc. (2001).
His later legal firms Weston, Garrou, DeWitt and Walters, and later Weston, Garrou & Mooney, were at the center of prominent cases in the development of the adult industry for decades.
The Weston, Garrou, DeWitt & Walters firm partnered Weston with Clyde F. DeWitt and G. Randall Garrou in the firm's main L.A. office, and Lawrence Walters — currently of the Walters Law Group — in its Orlando, Fla. office.
Weston’s firms continued the pioneering work of Stanley Fleishman. Weston — like many industry attorneys including Jeffrey Douglas, Greg Piccionelli and Paul Cambria — was a disciple of Fleishman, who passed away in 1999.
Long-time legal partner Clyde DeWitt was a prosecutor when he first met Weston — as a courtroom rival.
As DeWitt wrote for XBIZ in 2016, as a prosecutor who personally disagreed with the ramping up of obscenity prosecutions that followed the 1973 Miller decision regarding obscenity and “prurient interest,” he had managed “to avoid getting involved in obscenity cases, even after the prosecution-moratorium was lifted, by just dodging them — until 1979. Then, I was ordered into combat against legendary adult attorneys Arthur Schwartz and John Weston, who had led an organized attack on a new amendment to the Texas obscenity statute. (The federal judge appointed me lead attorney for the dozens of governmental defendants, a position for which I definitely did not volunteer.)”
“To make a long story short, I won, felt bad about it, and went to work with Weston, moving to Los Angeles not all that long thereafter,” DeWitt added.
Shortly after DeWitt moved to Los Angeles, the Ronald Reagan-appointed Meese Commission began its religiously motivated inquisition against the adult industry. Weston, DeWitt recalled, “testified at the hearing in Los Angeles, along with Bill Margold and an array of 'victims' of pornography. The whole thing was a big dog-and-pony show, in the image of the Army-McCarthy hearings and the Kefauver Commission; although Meese’s gang drew far less notoriety than either of them.”
At the time, Weston was also instrumental in advising the adult industry on how to legally protect themselves from the fallout of the Traci Lords affair.
Principled Pragmatist
In Weston’s philosophy, popular activism played an important role in thwarting the moralists and crusaders’ constant threat against Free Speech and freedom of sexual expression.
“Reflexively, we have always counted on the federal courts,” Weston told XBIZ in 2007, “but increasingly, we go to our legislators and often we have to go directly to the people.”
Weston thought that activism was important, but — always a pragmatist — warned that these tactics could be very expensive if done the right way, by which he meant organizing a coalition of support within the industry, employing election specialists, signature-getters, industry attorneys and professional organizers, among other things.
Weston was an active participant in industry conventions and trade shows, bringing his expertise and words of legal caution to the business side of the industry.
"You can live in an environment for 20 years where everything is fine — and whether you did something wrong or someone else — all of a sudden your business gets threatened," Weston told an XBIZ panel in 2011. "Your business can be wiped out in the blink of an eye."
"Don't let anybody take an easy shot at you,” he added.
"You have to remember, it's hard out there for people in the adult entertainment industry. You have no friends, and when the going gets tough no one is going to stand beside you,” Weston continued. “Soon after the bullets start flying politicians, civil leaders and others never heard of you.”
Weston was a big proponent of adult businesses making deliberate efforts to integrate themselves into the mainstream community.
"It is harder for someone in your community to get you shut down if you've had lunch with them at the Kiwanis club," Weston told the XBIZ panel.
"Be a good neighbor and corporate citizen, give to local charities and demand your rights as a citizen," Weston said. "Be involved and let people know who you are."
Industry Remembrances
Weston’s current legal partner Jerry Mooney released a statement calling Weston “one of the nation’s most distinguished First Amendment attorneys.”
“He spent five decades fighting for the important constitutional principle that speech should not be prohibited based upon its message,” Mooney said. “His lifelong battle against government censorship and government overreach helped establish the firm principle that the expression of ideas, no matter how distasteful, must be treated fairly. John argued seven cases before the United States Supreme Court, and scores of other appellate cases in state and federal courts nationwide, establishing much of the current case law regarding adult media.”
“Through his efforts he made the freedom of all Americans greater and more secure. John was also a great friend and a wonderful human being,” Mooney added.
Castle Megastores principal Mark Franks told XBIZ he "met John back in the 1980s when I started in the adult business. We developed a great working relationship as well as a great friendship."
"John was an extraordinary person, smart beyond smart, the best attorney I’ve ever worked with and a real gentleman with the absolute best manners I’ve ever experienced by anyone," Franks added. "John was kind but very tough. John had a very serious stroke last fall that left him fighting to regain his good health. I’m very sad for John’s passing and I will miss him immensely."
One of the pople closest to Weston, and his former law partner, industry attorney Lawrence Walters offered these thoughts about Weston's legacy:
John Weston was a titan First Amendment lawyer. His free speech victories are legendary and his profound command of language is difficult to put into words.
John was one of the early leaders of the First Amendment Lawyers Association. As a young lawyer attending the association’s meetings, I was inspired by his ethics, intelligence, grace and tenacity. So much so that I sought out a partnership with his firm which lasted for many years. Our close friendship endured.
John inspired me to become a better lawyer and First Amendment advocate. Those that had the fortune to know him learned priceless lessons about legal strategy, analytical thinking, and human decency. Free speech lost a champion with John’s passing.
The adult entertainment industry would look much different without his contributions. Those that carry the torch will fondly remember John Weston as they continue to fight these important battles.
But most importantly, they will remember the values for which he stood firm. In many ways, this is the end of an era.
His friend and colleague, industry attorney Allan Gelbard offered this remembrance on his Facebook page:
Today, I mourn the passing of a friend, a mentor, and a true gentleman warrior.
John H. Weston was a true First Amendment hero. He was also one of the most erudite, well spoken and most dedicated attorneys I have ever had the pleasure to know.
John's list of notable First Amendment victories — including wins at the United States Supreme Court — is legendary.
And yet, when I was a baby lawyer, just out of law school, with no practical training or background, John took the time to offer me advice and his wise counsel on subjects large and small. That wise counsel, and friendship, continued up until yesterday, when he passed.
I spoke with him just a few weeks ago on a case I'm working on now and his counsel was, as always, thoughtful and invaluable. I had no idea he was unwell, and when he disclosed what he was facing, he was — as always — realistic, brave and undaunted.
My deepest condolences to his family, and to our collective FALA family, who have lost such a wonderful man.
Nobody lives forever. The true measure of a man is what one does in his time, and what he leaves behind for the rest of us. On both counts, John H. Weston was a giant.
RIP my friend.
Noted First Amendment lawyer Paul Cambria, a long-time legal advisor for Larry Flynt and many other important industry figures, told XBIZ that "John was an old friend who I first met many years ago when I joined the First Amendment Lawyers Association."
"He was partners with the late Stanley Fleischmann who was one of the early pioneers in First Amendment protections as related to adult speech," Cambria continued. "He participated in many cases with Stanley and then, after Stanley moved on, had several cases before the United States Supreme Court. He was an extremely knowledgeable person in First Amendment law — a true trailblazer, a very eloquent speaker and at all times the consummate gentleman."
Cambria added that Weston "will be missed for sure. His wisdom and insight always helped lawyers who were litigating important cases not miss any of the issues.
"It’s personally a sad day for me, since we go back a long way. We worked on cases together. We tried cases together. He was a friend," Cambria told XBIZ.
