XBIZ NEWS: Stagliano?s Lawyer Addresses Elements of Obscenity Case - GoFuckYourself.com

Brooklywood · 04-09-2008, 05:30 PM

Excerpted from the full story found here

Gelbard plans to make a pretrial motion to have the court define what the appropriate community is when relating to alleged obscene works delivered via the Internet. 1st Amendment attorney Louis Sirkin filed a similar motion in the Extreme Associates obscenity case. The courts have not definitely ruled on the identity of who comprises the Internet community.

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?The interesting issue here is that they feel they can prosecute for an individual trailer on a website,? Gelbard said. ?The Miller test for obscenity requires that you take a work as a whole, so our position is probably going to be that the taking out of context of one trailer out of the entire website cant satisfy that constitutional standard.?

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Noted adult industry attorney Greg Piccionelli told XBIZ that what might be set up are differing circuit court opinions on the web?s community standard, which would potentially foment a Supreme Court battle. He hopes that the liberal 9th U.S. Circuit Court of Appeals rules for a possible national standard and that he thinks the government is playing for a ruling that would set a local community standard in Stagliano?s case, judging by the makeup of the highly conservative U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

tony286 · 04-09-2008, 05:33 PM

Very good article, I wish the best for them. It must be a nightmare

JFK · 04-09-2008, 05:34 PM

definetly worth following

04-09-2008, 05:30 PM	#1
Brooklywood Confirmed User Industry Role: Join Date: Apr 2006 Location: SoCal Posts: 380	XBIZ NEWS: Stagliano?s Lawyer Addresses Elements of Obscenity Case Excerpted from the full story found here Gelbard plans to make a pretrial motion to have the court define what the appropriate community is when relating to alleged obscene works delivered via the Internet. 1st Amendment attorney Louis Sirkin filed a similar motion in the Extreme Associates obscenity case. The courts have not definitely ruled on the identity of who comprises the Internet community. ... ?The interesting issue here is that they feel they can prosecute for an individual trailer on a website,? Gelbard said. ?The Miller test for obscenity requires that you take a work as a whole, so our position is probably going to be that the taking out of context of one trailer out of the entire website cant satisfy that constitutional standard.? ... Noted adult industry attorney Greg Piccionelli told XBIZ that what might be set up are differing circuit court opinions on the web?s community standard, which would potentially foment a Supreme Court battle. He hopes that the liberal 9th U.S. Circuit Court of Appeals rules for a possible national standard and that he thinks the government is playing for a ruling that would set a local community standard in Stagliano?s case, judging by the makeup of the highly conservative U.S. Court of Appeals for the Federal Circuit in Washington, D.C. __________________ Steve J. Managing Editor, AVN www.avn.com ICQ: 263271084 AIM: AVNSteveJ

04-09-2008, 05:34 PM	#3
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	definetly worth following __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

04-09-2008, 05:33 PM	#2
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	Very good article, I wish the best for them. It must be a nightmare