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 © 2025 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

Angela White Stars in New Interactive Scene From Brazzers

Multi-XMAs winner Angela White stars with reigning and two-time XMAs Europas Male Performer of the Year Christian Clay in a new interactive release from Brazzers, titled “Taking Angela Back To Your Place.”

Marvin Love Directs 'Rich and Horny Weirdos' for Brazzers

Brazzers has released a new scene directed by Marvin Love, titled “Rich and Horny Weirdos.”

Julia James, Sage Hunter Topline 'Lesbian Sister In-Laws' Sequel

Julia James and Sage Hunter headline the latest release from Girlfriends Films, titled “Lesbian Sister In-Laws 2.”

Jade Greene Fronts Latest From TeamSkeet

Jade Greene stars with Nicky Rebel in the latest release from TeamSkeet.

Bree Mills Wraps Production on Pure Taboo Thriller 'Let Me In Too'

Adult Time has announced that production has wrapped on the Bree Mills thriller sequel "Let Me In Too."

Emma Rosie, Rebel Rhyder Topline Latest Volume of 'Hookup Hotshot: E-Girls'

Emma Rosie and Rebel Rhyder headline Brian Gozzling’s “Hookup Hotshot: E-Girls 28” from Evil Angel.

Agatha Vega Fronts Latest From Ricky's Room

Reigning XMA Europas Female Performer of the Year Agatha Vega stars in the latest release from Ricky's Room, titled "Agatha Habla Sucio."

Taylor Vixxen Makes Her MILFY Debut

Taylor Vixxen has made her debut for Vixen Media Group (VMG) studio imprint MILFY, alongside Dan Damage.

Catherine Knight Makes Her Vixen Debut

Catherine Knight has made her Vixen debut alongside Dan Damage.

Andi Avalon Headlines 'Slutty Nurses 3' From Reality Junkies

Andi Avalon toplines the third volume of "Slutty Nurses" from Mile High Media studio imprint Reality Junkies.

Show More