Stagliano, McDonald Discuss Kozinski 'Kerfuffle'

LOS ANGELES — In the ongoing "Dust-Up" between adult producer John Stagliano and Pepperdine law professor Barry McDonald in the Los Angeles Times' Opinion section, the topic Tuesday involved what the Times called the "kerfuffle" over Judge Alex Kozinski, his website, his recusal from the Ira Isaacs obscenity case, and what that might suggest about legal objectivity and popular ideas about porn.

In his remarks, Stagliano asked "What makes porn uniquely unacceptable?" Framing the question as a difference between those who accept pornography and those who disdain it, Stagliano said, "It would have been so refreshing if Kozinski had said, 'Yeah, I like to look at a racy pictures sometimes; so what? Mind your own business.' But that would be asking too much of a public figure."

Stagliano continued by pointing out that public opinion turned against Kozinski as soon as it was known that he "[had] any interest in this vile thing known as porn" and asked rhetorically if a judge who raced cars as a hobby could serve in traffic court.

McDonald followed Stagliano's remarks by observing "when something happens that would give a person sufficient reason to question the impartiality of a judge in a case, that judge is obligated to recuse herself or himself. This standard not only looks to whether the judge would actually be biased in a case but also whether an incident might create an appearance of bias to a reasonable person regardless of whether or not the judge was actually biased."

Praising Kozinski for his recusal, McDonald cited Kozinski's "long, distinguished career [as a] very able jurist" and observes that because Kozinski could be perceived to have prejudice in an obscenity case, he did the right thing to recuse himself.

"Thus — and I'm sorry to say, John — all of your musings regarding the sexual rights of public officials are largely irrelevant to the recusal question," McDonald wrote.

McDonald followed that the problem of obscenity enforcement lies with Supreme Court standards that posit "pornography so lewd and offensive that it is obscene deserves no 1st Amendment protection," suggesting that the problem with judicial objectivity about porn may be based on such Supreme Court rulings.

The series, which will continue through Thursday, can be read on the Los Angeles Times website.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Jordi El Nino Polla in the latest release from Brazzers, titled "The Sneaky Masseur."

Sinatra Monroe Has 'A Classy Affair' for Ricky's Room

Sinatra Monroe stars in the latest release from Ricky's Room, titled "A Classy Affair."

TeamSkeet Debuts New Series 'PervMassage'

Fanta Sie stars with Erick Everhard in the first episode of the new TeamSkeet series, “PervMassage."

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Angel Windell, Katie Davis Headline Latest 'Lesbian Seductions'

Angel Windell and Katie Davis topline the 80th edition of “Lesbian Seductions,” from Girlfriends.

ERIKALUST Releases 'Texas Ride 'Em'

ERIKALUST has released its latest scene, “Texas Ride ‘Em.”

Ema Karter Makes Her Blacked Debut

Ema Karter has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher.

Scarlett Alexis Featured, Anna Claire Clouds Guest Hosts on 'Adult Time Podcast'

Scarlett Alexis is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills and guest host Anna Claire Clouds.

Penthouse Names Krystal Harper Its November 'Pet of the Month'

Penthouse Magazine has named model Krystal Harper as Pet of the Month for November.

Sinatra Monroe Toplines New Digital Playground Comedy 'Single Minded'

Sinatra Monroe headlines the new comedy feature from Digital Playground, titled "Single Minded."

Show More