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#1 |
Coupon Guru
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Join Date: Mar 2009
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Max Hardcore conviction upheld
http://www2.tbo.com/content/2010/feb...ed-max-hardco/
By ELAINE SILVESTRINI | The Tampa Tribune Published: February 3, 2010 TAMPA - Pornographic materials sold over the Internet may be considered obscene in one community and perfectly acceptable in another. A federal appeals court says communities that find the materials objectionable are within their rights to prosecute the pornography producers, even though the items were not specifically directed at those communities. Ruling in the Tampa federal prosecution of Paul F. Little, also known as Max Hardcore, the 11th U.S. Circuit Court of Appeals says the law doesn't recognize a national community standard for Internet-based material. The Atlanta-based court rejected arguments by Little's attorneys that applying a local community standard to the Internet violates the First Amendment because doing so means material can be judged according to the standards of the strictest communities. In other words, the materials might be legal where they were produced and almost everywhere else. But if they violate the standards of one community, they are illegal in that community and the producers may be convicted of a crime. The court upheld the 2008 convictions of Little and his production company on 10 violations of federal obscenity laws. But it ordered that Little be resentenced, ruling that the sentencing judge should not have considered the profits from sales of the obscene materials, whether or not they were sold in the Tampa court's jurisdiction. Little, 53, is in a minimum security prison in Texas serving a 46-month sentence handed down by U.S. District Court Judge Susan Bucklew in January 2009. He has a projected release date of May 29, 2012. Little is from California but was tried in Tampa after investigators here ordered his videos through the mail and downloaded them over the Internet. Jurors in Little's trial were told to judge the materials on the basis of how "the average person of the community as a whole ? the Middle District of Florida ? would view the material." Little's lawyers maintained that standard was unworkable when dealing with the Internet. Federal courts are divided on the issue, which could mean it will ultimately be addressed by the U.S. Supreme Court. The ruling in the Little case applies only in Florida, Alabama and Georgia. A federal appeals court in California ruled in another case three months ago that a national community standard must be applied when regulating obscene materials over the Internet. A three-judge panel of the 11th Circuit, however, wrote that they "decline to follow the reasoning" of the California court. Because the materials in the Little case were ruled to be illegal only in the Middle District of Florida, the sentence had to be limited to the defendants' activities in the district, the Atlanta-based appeals court ruled. Therefore, Bucklew should not have increased Little's sentencing level under federal guidelines, which penalize defendants for financial gain over $30,000. Little and his company made $40,000 selling the disputed materials. But the appeals court said there was no evidence of how much of that money was generated in the Middle District of Florida. The panel ordered Little be resentenced at a lower level. The court said Bucklew acted appropriately, however, when she increased Little's guideline level because the videos were sadistic, masochistic or violent. The videos featured scenes of vomiting and urination, depicting women being forced to ingest various bodily fluids.
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#2 |
Too lazy to set a custom title
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Location: Charlotte, NC
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7 days late dog
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#3 |
Coupon Guru
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Webmaster Coupons Coupons and discounts for hosting, domains, SSL Certs, and more! AmeriNOC Coupons | Certified Hosting Coupons | Hosting Coupons | Domain Name Coupons ![]() |
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#4 |
Too lazy to set a custom title
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#5 | |
Confirmed User
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Quote:
If anyone deserves it he sure does. |
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#6 |
HOMICIDAL TROLL KILLER
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#7 |
Too lazy to set a custom title
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is there an error in your nickname ?
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I know that Asspimple is stoopid ... As he says, it is a FACT ! But I can't figure out how he can breathe or type , at the same time .... |
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#8 |
GFY's Halfpint
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#9 |
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Little and his company made $40,000 selling the disputed materials.
I guess there really isn't money in porn |
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#10 |
Geo Cities
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I don't think he deserves to go to jail,
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#11 |
dumb libs love censorship
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LOL at the first amendment. its nothing but toilet paper in anton scalias bathroom.
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#12 |
Geo Cities
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#13 | |
Sick Fuck
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#14 |
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so fucking stupid isnt it
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Teen Porn Models / Solo Girls |
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#15 | |
Too lazy to set a custom title
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#16 |
Jägermeister Test Pilot
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I didn't see this either, but I don't read GFY on a daily or even a weekly basis.
I'm confused here. While I'm no big supporter of Max Hardcore, I don't think he's the one who is guilty here. He produced the content. But he never stepped foot in Tampa or wherever. Seems to me the only people who might have broken the law would be the hosting company, the ISP who allowed it to be downloaded in Tampa, or the person who downloaded it to their computer. It's not like Max Hardcore intentionally reached out to someone in Tampa and forced them to download his content.
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#17 | |
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That was my same thoughts while reading the article. The porn in question was not available in that area till that person who bought it brought it there, via their computer.. Using what ever logic the court used to convict Max Hardcore. Could be applied to getting rid of all the porn on the internet just by having all the people in censored areas down load porn. Then have the DA's file charges against everyone that had it on line. It also stated that he was charged with 10 violations of federal obscenity laws. That's what got him not this local community crap..
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#19 |
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Join Date: Nov 2009
Location: Belgium, Antwerp
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Pfff, some people are plaine stupid, and mind their own business
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#20 |
Webmaster Extraordinaire
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poor guy. I know he pushed the envelope, but nobody deserves to go to jail for this BS.
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#21 |
Registered User
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#22 | |
Too lazy to set a custom title
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#23 |
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this situation sure does seem fucked up i am not a huge fan of him either but he doesnt need to go to jail
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#24 | |
I AM JUSTDAVE !
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Agreed. This isnt good for our business. I bet if you showed that movie "Hostel" or "Saw 1" to the same jury they would probably find that obscene too. This is gonna be used as a spring board to attack the rest of the adult industry. Because i do know for a fact that people in the bible belt like Oklahoma, especially the ones not smart enough to escape jury duty would find any gay scene or strait anal scene very obscene under the same rules that Max got fucked with. Look at the law or rules that are used to govern obscenity, not the man that has been convicted. You can say fuck max, he got what he deserved, but if this is up held at the supreme court level you or I can be next. ![]()
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#25 | |
Videochat Solutions
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#26 | |
I AM JUSTDAVE !
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I bet you can find some court house in the south that would find IR sex objectionable. Like 2 big black man pounding a little white southern girl in the ass hard would be way objectionable. If this sticks, this we be just the beginning. ![]()
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#27 |
Beer Money Baron
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Florida's cracking down!
Max Hardcore, Dirty D
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#28 |
making it rain
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When the government goes after obscenity, they start the worst and work their way up from there... As soon as they are allowed to decide which speech is free and which isn't, all of us are at risk
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#29 |
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#30 |
Webmaster Extraordinaire
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but it's legal for Bill Clinton to get a blowjob, something that by law should get you at least 20 years in Georgia and Texas
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#31 | ||
Too old to care
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Quote:
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#32 | |
Sick Fuck
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A woman who gave her consent to have piss down her throat, is in less real danger than a stuntmant risking his life in Hollywood. The difference is the context. The morality, with laws discriminating across industries. |
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#33 | |
Too old to care
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#34 |
Confirmed User
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Posts: 1,440
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I was thinking the same thing!!!
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email: zmaster (at) earthlink.net ICQ: 196678616 ZMASTER One less god!!! I contend that we are both an atheist. I just belive in one fewer god than you do. When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours. |
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#35 | |
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Quote:
So I guess any countrified fuckhead investigators can do this and then prosecute ya' in podunk USA.
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email: zmaster (at) earthlink.net ICQ: 196678616 ZMASTER One less god!!! I contend that we are both an atheist. I just belive in one fewer god than you do. When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours. |
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#36 | |
Confirmed User
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Quote:
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email: zmaster (at) earthlink.net ICQ: 196678616 ZMASTER One less god!!! I contend that we are both an atheist. I just belive in one fewer god than you do. When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours. |
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#37 |
Confirmed User
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Bad timing.
Sabby ![]()
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Fuck off |
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#38 | |
Confirmed User
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I dont disagree. Men are expendable... women and children protected. Sabby ![]()
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Fuck off |
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#39 |
Confirmed User
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Even Martha Stewart and Paris Hilton went to jail though...
Sabby ![]()
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#40 | |
Sick Fuck
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The lack of force or dangerous behaviour and a situation with consent between adults, makes it a question of morality. Community standards. What are you allowed to show and watch. What not. The real thing is irrelevant if fake productions gives same conviction (for distribution). If other industries can do the same (and even more obscene) without convictions, then it's discriminating. The context and industry is discriminated. My point is: Comply with the law, but stand up for your rights. There are lots of "next", if you don't. |
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#41 |
Content Producer
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Max and I have been corresponding. He sent me a statement last week, which I scanned and put up here: http://www.elevenentertainment.com/max/.
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#42 |
Confirmed User
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There need to be set boundaries. I think they will come. Some day...
Sabby ![]()
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#44 |
dumb libs love censorship
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theres too much hand wringing in this thread. Very few producers are actually being investigated & prosecuted for obscenity, even 2257. The Jonny Laws have more pressing matters. Thats why under 8 years of Bush there were very few cases brought to trial. None of the bible belt towns have gone on a porno witchhunt; its way too expensive & not worth the effort. Mostly the Paul Littles end up in jail because a federal attorney needs to impress the boss. In fact 1 of the 9 federal prosecutors fired in 06 was because he refused to tow the line on obscenity investigations. Overall this is something Jonny Law doesn't consider a high priority.
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#45 | |
Sick Fuck
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If no one are forced to do it, forced to watch it, put in danger, then I can't see the problem. |
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#46 |
Confirmed User
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The internet has changed alot of things real fast.
Sabby ![]()
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Fuck off |
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#47 | |
Too old to care
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Why should the community care or interfere? Because they're watching it or just don't want their children watching it. |
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#48 | |
Sick Fuck
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#49 | |
Confirmed User
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Sabby ![]()
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Fuck off |
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#50 | ||
Too old to care
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