Jury Goes to Deliberate in Max Hardcore Case

TAMPA, Fla. — Today, just after 1 p.m. EST, the jury in the Max Hardcore case went to deliberation. The action follows a weeklong trial where jurors have been asked to determine if the content of five DVDs produced and directed by Paul Little, aka Max Hardcore, are obscene by local community standards in the city of Tampa.

Yesterday, as expected, U.S. District Court Judge Susan C. Bucklew denied a motion by the defense for Hardcore and his company MaxWorld Enterprises to be acquitted on all charges.

Hardcore and his company have been charged with five counts of using a computer to sell obscene matter and an additional five counts of delivering obscene material through the U.S. mail. Hardcore faces a maximum of 25 years for each count involving the computer and 45 years for conviction on the remaining counts.

In closing arguments, MaxWorld attorney Lou Sirkin asked the jury to consider more than 60 adult business located in the Tampa area, which may infer accepting community standards toward adult-oriented material.

Sirkin also pointed out to jurors that if all speech was “pretty and what was acceptable” to the public, then there would be no need for the protections afforded by the 1st Amendment. He reminded jurors that they could chose to watch or not watch whatever content they like in private, as long as it was consensual.

Justice Department lawyer Edward McAndrew told the jury that they had probably never viewed anything similar to Hardcore’s videos in their lives. McAndrew called Hardcore’s content an “assault” on the jurors’ senses. He also pointed out that availability of adult material in the community did not necessarily reflect the community’s acceptance of such material.

During the trial, members of the jury were required to watch nearly 8½ hours of Hardcore’s videos in open court, though some were not viewed in their entirety, as was pointed out by the defense.

Because the Miller test, used by the federal government as a standard for determining obscenity, requires that works be considered as a whole, the defense argued that the jury must view each video in question, in order to arrive at their final determination.

The defense has also argued that Hardcore is not guilty of the charges because he was unaware that his website’s servers were located in Tampa, and had no intention of disseminating content in that area.

Because the videos were purchased by a Tampa-based postal inspector from California-based distributor Jaded Video's website, the defense also stated that Hardcore was not guilty of using the U.S. Mail to transport the DVDs to Tampa, since Hardcore shipped the movies to his distributor in California via private shipping company UPS.

The owner of Jaded Video was granted immunity by the court for his testimony at the trial.

The jury could return with their decision as soon as tomorrow. A guilty or not guilty verdict could have far-reaching implications for other obscenity prosecutions where adult producers have been charged, including the ongoing Extreme Associates case, and the recent indictment on obscenity charges against adult producer/director John Stagliano and Evil Angel.

Related:  

Copyright © 2024 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

Metart Marks Its 25th Anniversary

Metart is celebrating its 25th year as an adult studio.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Connie Perignon Performs Her 1st Girl/Girl Scene for LesbianX

Connie Perignon has performed in her first girl/girl scene alongside Nicole Doshi, in the latest release from LesbianX, titled "Tasty Holes."

Vanessa Jhons Makes Her TransAngels Debut in 'Poolside Seduction'

Vanessa Jhons and Justin Jett make their TransAngels debuts in “Poolside Seduction.”

Naudi Nala Stars in Latest From TeamSkeet

Naudi Nala stars with Nikki Slick, Nina White and Satine Summers in the latest release from TeamSkeet.

Abby Rose Stars in Latest From Brazzers

Abby Rose stars with Zane Walker in the latest release from Brazzers.

Leilani Li, Haley Reed Star in Latest From Transfixed

Leilani Li and Haley Reed star in the latest release from Transfixed, titled "What Good Roommates Do."

Willow Ryder, Anna Claire Clouds & Baby Gemini Star in Latest From Ricky's Room

Ricky’s Room has released “Party In Willow’s Room” a new orgy scene starring Willow Ryder, Anna Claire Clouds, Baby Gemini, Derek Savage, studio honcho Ricky Johnson and the late Jay Hefner.

Show More