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‘Max Hardcore’ Porn Producer Convicted for Obscenity in Florida

Old 06-08-08, 08:40 AM
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‘Max Hardcore’ Porn Producer Convicted for Obscenity in Florida

An actor and producer who calls himself Max Hardcore was convicted of obscenity charges yesterday by federal jurors in Tampa, Fla.

The producer, whose real name is Paul F. Little, was convicted of distributing obscene material on the Internet and through the mail, report the St. Petersburg Times and the Tampa Tribune. The reports differed on the number of counts.

Jurors reached the decision after watching Little’s films on a giant courtroom screen. They included scenes that included “urinating, vomiting and violently dominating women,” the Times story says.

Defense lawyer H. Louis Sirkin said the verdict comes on “a sad day for the First Amendment."

The Justice Department's Child Exploitation and Obscenity Section prosecuted the case. In a February article, critics told the ABA Journal the department isn’t doing enough to prosecute Internet pornography.

http://abajournal.com/news/max_hardc...ty_in_florida/

-While his films may seem disturbing, I dont think he should go to prison over this. Bottom line: Consenting adults made a movie. Consenting adults starred in the movie. Consenting adults bought the movie. I think the whole obscenities laws are old and need to be changed.

"I don’t like Max Hardcore’s movies. You probably wouldn’t either. I have exercised my right to watch something else, but I certainly don’t mind if my neighbors want to watch his movies. That is what freedom is."-Debra Cassens Weiss
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Old 06-08-08, 09:35 AM
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There was almost a hung jury, but unfortunately juror Mr. Mixx shouted "Me so horny" in the middle of one of the videos and was thrown out.
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Old 06-08-08, 09:52 AM
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For legal brief purposes, could we see some of these videos, maybe re-enacted by Lego people to make them OK to see here?
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Old 06-08-08, 10:19 AM
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I don't think I wanna see a hung jury. At least, not in this case.
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Old 06-08-08, 10:26 AM
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Max Hardcore Found Guilty in Obscenity Trial
Jurors find Max and his company guilty on all counts

By: David Sullivan

Posted: 06/05/2008

TAMPA - Producer Max Hardcore was found guilty today of 10 federal counts of distributing obscene materials over the Internet and through the mail. His company Max World Entertainment was also found guilty on 10 related charges.

"It's a sad day for all Americans when they smash any kind of free speech and that's what happened in Tampa today," Max Hardcore told AVN. "They trampled on free speech, and I intend to appeal."
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Max faces up to five years in prison and a $250,000 fine for each count of conviction, as well as forfeiture of his Internet domain names. Max World faces a separate $250,000 fine. The government had separately sought the forfeiture of Hardcore's home in Altadena, Calif., but the jury ruled against that penalty.

"I'm full of good spirits and they didn't get my house," Hardcore said. "We're talking to a couple of jurors and they felt very strongly for me, but the way the laws are formulated, they were boxed in to a corner. I should have got off for this nonsense; obscenity is an archaic term, it's not defined well. I received no warning and they attempted to put me behind bars; they've got a conviction, but we intend to fight on."

Earlier today, jurors asked U.S. District Judge Susan Bucklew for guidance as the jury was having trouble reaching a unanimous decision.

The jury foreman sent a note to Bucklew just after 3 p.m., asking: "If we make a decision on 10 of the 20 counts, but are unable to reach a decision on the other 10, will the 10 counts that we decide on stand?''

Bucklew said the jury's decision would count.

The jurors responded in another note: "There are people on both sides of the issues, and we do not believe we'll be able to reach a unanimous decision. How long must we deliberate?''

The judge urged jurors to try again. "I'm not going to tell you how much time to deliberate, but I am going to ask you to deliberate again,'' she said.

The jury then asked Judge Bucklew for permission to take a break, because "emotions were running very high." Bucklew granted the break, asking attorneys to stay in the courthouse to give the jurors time to talk again.

The jury returned its verdict at approximately 7 p.m after deliberating for a total of 14 hours in the past two days. After the jury returned its verdict, the judge dismissed the defense's motion to dismiss the case which had been held in reserve.

"It was a travesty but we had no choice because of the way the law is written," one juror told AVN.

Several jurors approached Max Hardcore and his attorneys to express their sympathy at having been forced to convict him on the counts due to the "poorly written" law regarding the transportation of obscene material via the internet and the mailing of the DVDs to the middle district of Florida.

Another juror reportedly said that if two words in the law had been different, he would have held out for acquittal.

Attorney Jeffrey Douglas echoed Max's sentiments.

"As I said in closing argument, I believe that this prosecution was shameful," Douglas told AVN. "And as Max Hardcore said, this is a sad day for America. It's a deeply sad day for him personally, but also for all of us."

Max Hardcore will be sentenced September 5. He is free on bail until that date.
Adult Video News Link.

I think that taking the trial to Florida, where even the jurors think the law is badly worded, is venue shopping at its worst.

I'm hoping the next administration will be more interested in pursuing violent criminals and less interested in suppressing pornography.

I notice that the only juror whose statement was printed in the Tampa newspaper thought the conviction was wonderful.
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Old 06-08-08, 10:39 AM
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In the meantime, he can change the owners of the domains, host them outside the US, and move to Canada, Mexico, or some nice island.

Fuck, if you had the money, why live in the US.
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Old 06-08-08, 04:47 PM
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Lame..

I think his films are junk but they are still made by consenting adults, same for who ever buys or watches them.. Gov should focus on more important things then putting someone in jail and taking their home away from something as subjective as "obscene materials"..

I mean it's not like the guy mails DVDs out to random homes and people get it and "Hey what's this? A new Disney film? Wait, why is that bowl there?". One has to sort of hunt it down, pay for it, get it mailed to them, open it, put in the DVD player etc.. That's a whole lot of steps to take to get Max peeing on some 30 year old dressed up like a teen..
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Old 06-08-08, 06:21 PM
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Love him or hate him, this is a bad bad thing.

Over at xcritic there's a whole thread there and the "industry types" basically have a "Fuck Max let him burn" attitude since his stuff is a bit more extreme.
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Old 06-08-08, 06:31 PM
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Although I personally find his body of work to be disgusting...that doesn't change the fact that he has total and complete right to do so. You can't let your personal feelings of the guy get in the way of the law.

It is a fucking travesty. The current administration is more concerned about lining their pockets and suppressing free speech..instead of going after the assholes who caused 9/11 and the real criminals that kill people.

EDIT - I wanted to add that Max and the others are consenting adults, so what they do is their own business. But more importantly, his films are art and those are protected by the Constitution, no matter what a poorly written Florida law says.

Last edited by macnorton; 06-08-08 at 06:37 PM.
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Old 06-08-08, 06:37 PM
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"It was a travesty but we had no choice because of the way the law is written," one juror told AVN.
#1 reason jury nullification should be taught in school civics classes.
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Old 06-08-08, 06:37 PM
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Originally Posted by DVD Polizei
I don't think I wanna see a hung jury. At least, not in this case.

... ...
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Old 06-08-08, 06:38 PM
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Originally Posted by crazyronin
#1 reason jury nullification should be taught in school civics classes.
Excellent point. But even the judge should have looked at this and made the right call here.
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Old 06-09-08, 08:53 AM
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Originally Posted by DVD Polizei
Fuck, if you had the money, why live in the US.
So you can keep the money?
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Old 06-09-08, 08:55 AM
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I would also like to point out that Max Hardcore > Paul F. Little as far as porn names go.
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Old 06-09-08, 09:07 AM
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Originally Posted by macnorton
But more importantly, his films are art
Strongly disagree. You could maybe make the case that Piss Piss Bang Bang was art, but Piss Piss Bang Bang 2 was derivative garbage.
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Old 06-09-08, 09:23 AM
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Originally Posted by macnorton
Although I personally find his body of work to be disgusting...that doesn't change the fact that he has total and complete right to do so. You can't let your personal feelings of the guy get in the way of the law.

It is a fucking travesty. The current administration is more concerned about lining their pockets and suppressing free speech..instead of going after the assholes who caused 9/11 and the real criminals that kill people.

EDIT - I wanted to add that Max and the others are consenting adults, so what they do is their own business. But more importantly, his films are art and those are protected by the Constitution, no matter what a poorly written Florida law says.
the first amendment was written to protect criticism of the government, not to make porn
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Old 06-09-08, 01:42 PM
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Originally Posted by al_bundy
the first amendment was written to protect criticism of the government, not to make porn
So basically all Max needs to do is dress up as George Bush and it becomes a commentary on our government.
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Old 06-09-08, 01:49 PM
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Originally Posted by al_bundy
the first amendment was written to protect criticism of the government, not to make porn
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

My copy of the Constitution must be missing that 'criticism of government' part.
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Old 06-09-08, 01:53 PM
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And the rights Americans are supposed to have are continuing to be disregarded. Each day I hate this country more and more. What a shame. I can't believe this is a country actually referred to as "Land of the Free".
I wish I had the resources to move to a real free country.
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Old 06-09-08, 01:54 PM
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Originally Posted by Birrman54
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

My copy of the Constitution must be missing that 'criticism of government' part.
Obscenity is not protected free speech as defined in the 1st Amendment.

The issue here is WHAT is obscene. Sadly, the law is so vague that anything could fit under the defintition - hence why adult producers continue to get prosecuted.
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Old 06-09-08, 02:37 PM
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Originally Posted by Birrman54
My copy of the Constitution must be missing that 'criticism of government' part.
Max's copy is a bit different:

Originally Posted by The Fondling Fathers
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Old 06-09-08, 02:46 PM
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^^^ I think those smilies can be retired now... they have served their purpose.
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Old 06-09-08, 02:54 PM
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Originally Posted by Birrman54
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

My copy of the Constitution must be missing that 'criticism of government' part.

Supreme Court decided a long time ago that free speech doesn't mean totally free
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Old 06-09-08, 03:00 PM
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I can understand placing certain obscenity-based restrictions on free speech in public places. Extending those restrictions to exchanges that take place in private is idiotic.
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Old 06-09-08, 03:02 PM
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I wish I had the resources to move to a real free country.
There's no country like that. Even enlightened France and Canada have laws that abridge the right to free speech. They're called "hate-speech" laws there so libs that are restricting free-speech feel good about themselves while they are doing it.
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