Adult Film/parties

now that Obama has been reelected do you think in general there are less prosecutions against pornography when a Democratic president is in power than a Republican and if so why?Is it religous groups that back Republicans?Whats your theory on this?

Yo, Bravo -

Great question.

Much of the turf that should be covered in answering your question is part of my article about Do Not Ship lists that will be published on tomorrow and which will appear in an abbreviated form in the December issue of the AVN print magazine. Here's a peak at a pre-publication version of the article:

In a nutshell, Attorney General Eric Holder's Justice Department has not commenced one federal commercial obscenity prosecution since this administration took office; in fact, after the result in the John Stagliano/Evil Angel prosecution in Washington, DC two years ago - a disastrous result from the prosecution point of view because the government could not manage to put on a case that survived defense motions to dismiss with prejudice at the conclusion of the government's case, essentially a directed verdict of "Not Guilty" before the defendants' case began - the Obscenity Task Force that put that prosecution together was, itself, disbanded. If, after four years, no new federal commercial prosecutions were commenced by DOJ under this Attorney General, it would not be rational to predict that such federal obscenity prosecutions will begin during the next four years. If they happen, you can expect them to target cases involving minors, that for some technical reason or another can't be charged as child pornography - and extreme content that depicts such things as feces, urine, animals, or torture. Candidly, I think that material short of those areas is widely accepted and tolerated by the American public in every part of the country. DOJ is just refraining from bringing cases that are probable to result in acquittals wherever they are tried and that avoids the waste of government resources.

That being said, there is a real possibility of Red State Backlash. Have you read about these petitions to secede from the Union being circulated in some states and posted on the White House Website? Lots of angry social and moral conservatives out there, and in some locales they have clout. Those prosecutions may continue until the number of juries coming back with acquittals, even in the Red States, convinces people that Liberty and toleration have finally triumphed in this area, and that the local community standards applied in the Miller Case, has been affected everywhere by the Internet and the free and easy access to hardcore that it provides.

So, I don't expect much during the next four years on the federal level except in the most extreme kind of content, but I do expect some number of state obscenity prosecutions to arise in the roughly 45 states that have obscenity laws of general applicability on the books. They've shown little initiative at prosecuting much on the Internet, probably because of dormant commerce clause constitutional concerns, so I expect that whatever does get prosecuted will be against bookstores, especially those on the Interstates in rural locations, convenience stores, and gas station shops. When, even in Johnson County, Kansas, the moralizers can't these days convince a jury to indict for a nude statue, I do think that the handwriting is on the wall for those who aim to restrict and control the moral tone of what is available to society.

I mean, they need to be realistic. Since Lawrence v. Texas, the states have lost the right to control private, consensual, noncomercial, homosexual sodomy. Gay marriage is winning on the ballot. Abortion, birth control are part of the landscape that isn't going away. With those actual human situations, involving real people and their conduct, how significantly can the moralizers hope to affect society's values by controlling the availability of erotic expressive materials? And everyone traveling to the court house for jury duty knows the same thing. Slowly - but indeed surely - obscenity law is becoming increasingly an irrelevancy to society. That being said, too, remember, that in every war, there are final casualties before the armistice becomes effective. Men died in World War I and Vietnam until the very end. There are people out there today, publishing extreme content, who yet will go to jail for it. Not many, I suspect, but obscenity prosecutions are not quite dead yet. I believe that during your lifetime, Bravo, if not mine, they will become extinct.

You have my best wishes again,


Adult Film

All Answers

Answers by Expert:

Ask Experts


J. D. Obenberger


Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of, the most comprehensive online legal resource concerning the law of adult entertainment online.


I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.

First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.

AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.

Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.

Awards and Honors
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.

Past/Present Clients
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.

©2016 All rights reserved.