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 Why is the Movement Not Defending John Stagliano?**
This is a post I wrote in 2010 that addressed the legal persecution of libertarian John Stagliano for producing pornography. In the end, the charges were dismissed due to insufficient evidence. Judge Richard J. Leon stated, "I hope the government will learn a lesson from its experience," and called the evidence linking Stagliano to the production and distribution of the DVD videos "woefully insufficient".

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**UPDATE NOTE AND CORRECTION: Jesse Walker has quite correctly pointed out that Reason has been covering this story. Applause to both Reason and Stossel. If more libertarians champion this deserving man, perhaps the situation can be at least mitigated -- e.g. a far, far lighter sentence.
I will extend the benefit of the doubt and assume the silence is because most libertarians do not know who John Stagliano is or the injustice that confronts him. After all, I lost track of John for several years due to a shift in the focus of my writing from sexual rights, and I am embarrassed to admit that I only recently learned of his persecution by the government. I have lost time to make up.

John Stagliano is one of America's major adult porn producers and directors. He is also a consistent libertarian who, in the past, has made significant contributions both to Reason and Cato Institute. He has also supported individual libertarians in their projects and work. I met him through the research I did on pornography that led to writing the book "XXX: A Woman's Right to Pornography." I found him to be a soft-spoken, generous and principled man who treated women as equals and with respect. In the years of our association,I never heard him utter a vicious word against anyone nor an unlibertarian sentiment. Within the porn industry itself, he is well-known as a zealot for freedom of speech and he was awarded 2009 Man of the Year by the Free Speech Coalition -- a trade association of the adult entertainment industry in the United States that opposes obscenity laws.

John is currently facing a maximum 32 years in jail and $7 million in fines for making fetish porn films that include only adults. Two years ago, John was indicted and has since gone through the sort of legal hell that only those who are targeted as examples by the government can understand. (And, yes, people are still going to jail for producing and distributing adult pornography; consider the case of Max Hardcore, aka prisoner no. 44902-112, currently at FCI La Tuna, Texas.) John has established the website, DefendOurPorn.org as a venue on which to post articles, news, and updates regarding his court proceedings.

For decades, John has encouraged libertarians, defended their rights, contributed heavily to institutions and periodicals... His defense website features a quote that is typical of John:

America became great because the founders knew that the power of the majority had to be strictly limited to protect this wonderful concept of "rights." They knew that the rights of a minority, and especially the most important "minority," the individual, needed to be protected against the will of the majority. And the most important right that they sought to protect, the FIRST Amendment to the Constitution, is the right to free speech. That is the right to express oneself in whatever way one wished, as long as that person was not "forcing" himself or his ideas on anyone else.


I urge libertarians -- and especially those who have benefited richly from John's largess (he has financed many libertarian organizations) -- to follow Reason's example by writing articles, letters to editors, or otherwise decrying the persecution of this fine libertarian and truly nice guy. And if his credentials aren't enough to inspire support, remember that John is standing up for the First Amendment...about which he is quite correct. It is the FIRST Amendment -- freedom of expression is the right upon all others depend, without which none other will survive for long.

Wendy McElroy - Friday 12 January 2024 - 00:00:00 - Permalink - Printer Friendly
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