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i believe in the legal system as well. i also believe people are going to use it more effectively against YOU in the future... for a simple reason... you and everyone in this industry just sits around waiting for the tallest blade of grass to get mowed down... then does nothing but piss and moans about how you can't believe the grass gets mowed at all. you want to keep making it a religious issue because you have no choice but to externalize the problem and point somewhere off in the distance to say "there... the problem is way over there" because thats the only way you can be consistent in your views and the only stance that allows you to avoid the conversation entirely about the law that exists and compliance with it and the inherent risks involved in pushing the line or accept any responsibility for the risks you (or others) choose to take. like most pornographers, you're issue with with authority, not with legal clarity. thats what makes you an easy target. the whole "fuck you, i'll do what i want" attitude is exactly what a prosecutor needs to convince a jury that you're an asshole and cancer on society. |
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i noticed you mentioned "you" were "fighting back"... made me curious... You just watched Max Hardcore get convicted on 10 counts. What did YOU do about it? are you out there producing stuff you know will eventually attract a prosecutors attention so you can get your day in court on everyones behalf? Are you going to serve some of his time for him? are you going to start pissing into little girls mouths on film until they choke and puke?... or are you just going to bitch about the federal government on a porn forum while the world keeps spinning as usual? what are you and everyone doing exactly besides bitching and moaning in a virtual world about how unfair life is in the real world? |
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Now there is nothing wrong with either point of view. It's been an ongoing war of the Supreme Court for decades. It's insidious though to pretend that there is not an alternative viewpoint to yours on the definition of the constitution. There are 4 Supreme Court justices (maybe 5) who would side with the people in this thread that says it is their constitutional right to make this kind of pornography. And just remember, your constructionist viewpoint isn't in the greatest company. Your view of the constitution is the same as those who felt blacks had no constitutional right to vote, own property, receive a fair trial, or even attend a public school. The same constructionist view that women had no rights to divorce, own property, vote, or choose what happens to their own body. That it was perfectly alright to create sedition laws and lockup those who spoke negatively of the government. That children had no rights and could be forced to work endless hours in factories. That you have no right to be put in front of a judge for a particular charge. |
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It's easy to catalog some of the tasteless extremes Max went to as "no no's" but rather harder to arrive at a intelligent line. Don't tell us what you would not allow, that's easy. Tell us what you would allow. Quote:
Our enemies are opposed to any and all adult entertainment. Therefore, any line we choose to draw ourselves will simply become their new frontline on "the war on porn". I don't know about you, but I think we're best served by keeping our enemies busy fighting the far distant outposts on the extreme fringe of porn. :thumbsup |
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What are you fucking nuts ? You sound like you've spent time in a chinese re-education camp, for the love of fuck. |
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Do you grasp the problem here ? If tomorrow I invent "horrorability", which is something that "I know when I see", YOU have no way of defending yourself. I'll prosecute you, for whatever I don't like, send you to prison, take your property, all is fair game. And some other nitwit will sit where you're sitting right now and blabber about how my tyranny is somehow "matter of fact" and as such must be accepted, and also, being so matter of fact, can not be unconstitutional, or patently illegal, and in general undefensible. We're not discussing jury trials, and we're not discussing "the legal system". We ARE discussing the fact that obscenity is not a valid notion, logically, nor laws based on the concept of "obscenity" constitutional. |
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"obscene" isn't an obscure "notion" - the Miller Test and case law give you a pretty clear idea of what criteria something must meet to be obscene.. furthermore, the supreme court has ruled that each community has the right to decide for themselves what "obscene" is..
imagine that!!! democracy in action. the judges in their wisdom understood that since every community is different and has different values, they should have the right to decide for themselves what is obscene. crazy notion. sounds a lot like freedom to me. interesting that you guys want to ramble on about "freedom" and can't respect that of others. its not like people are getting arrested for sticking their penis in another consenting adult here. we are talking about some very very very extreme shit and the inevitable end to a torrid story about someone that even pornographers think is ridiculous and over the line. you have yet to explain why this "notion" of "obscenity" is unconstitutional. i have never said it can't be. i am not defending anything. i am simply picking on a bunch of jackasses that line up behind the worst of the worst... people that will destroy your livelihood and defend them as they invite the federal government and prosecutions into your life and scream "fuck the world" as they do it, on your behalf with you forcing yourself into the position of taking his side. FYI, "i don't like this" doesn't equate to "its totally unconstitutional" |
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This quote, directed at Pleasurepays, is spot on.
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The fact that you can't possibly know whether or not you've broken the law until after you've broken it is quite a conundrum. Any reasonable person would agree with that. Since you fancy yourself such an expert on the law, perhaps you could share with us your views on the vagueness doctrine and why you don't think it applies to obscenity law? FWIW, the Miller Test is from a Supreme Court decision in the 1970's. In 1856, The court ruled seven to two against Dred Scott, finding that neither he, nor any person of African ancestry, could claim citizenship in the United States, and that therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott's temporary residence outside Missouri did not affect his emancipation under the Missouri Compromise, since reaching that result would deprive Scott's owner of his property. I suppose that people who thought this decision was unconstitutional and would probably be overturned by a later court with different justices were just juvenile selfish idiots like those of us who think obscenity laws in their current form are unconstitutional? 2) The problem is, which community gets to decide? The community where it is produced? The community where it is shipped? The community where it was processed? The community where a postal sorting hub happens to be that the material passed through? If Max had been tried in the "community" where he produced the material, he walks and we all know that. Instead he was tried in the community that the government decided to order the material from. In terms of the internet charges, he was charged in the community where the government decided to plug in their computer. Therefore, if your material can't pass the Miller test in every "community" in the upper 48, (including places like the Mormon compounds in Utah) you risk doing hard time. Yet you think those of us who think obscenity laws have constitutional problems are the ones being unreasonable? |
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But the biggest problem people have with this is that it's outdated. By the Miller Test, every single person here who produces some form of pornography is guilty of obscenity if they're on the internet. I can pick out the most conservative areas of the country, ask them if this meets their community standards, and they'll say no. You don't think it's a bit crazy that producing porn thousands of miles away can be illegal if one community in this country doesn't approve? That to me is having a few small communities telling the rest of the world what is acceptable. Quote:
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I disagree with you that porn in the US will be snuffed out, however I do think it's going to take a serious ass beating and get toned down. It IS out of control and since we are unable to curb it, they will do so for us. We can't even group together to get a handle on piracy and tube sites, what makes any of you think we can join together and fight the US Government? |
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For a comparison, drunk driving is NOT an obscure notion, because it has a definiton (the action of operating a vehicle on public roads while carrying more than x parts per million alcohol in the bloodstream). The test for it (breathalyzer) is a method to determine at any point if someone is drunk, and it does not depend on the opinion of anyone, being a scientifical measurement. Alternative tests can be designed by anyone, and their accuracy can be logically assesed by anyone else. Similarly, going over the speed limit is NOT an obscure notion, because it has a definition (the action of opperating a vehicle at a speed exceeding x miles an hour on public roads). The test for it (radar) is a method to determine at any point if someone is going over the limit, and it does not depend on the opinion of anyone, being a scientifical measurement. Alternative tests can be designed by anyone, and their accuracy can be logically assesed by anyone else. Proving that either the brethalyser used in any given ticket, or the radar instrument, were NOT operating scientifically, but really just based on the opinion of their operator is the most common cause for tickets/convictions being thrown out in court. In fact, if you get a speeding ticket and can prove just that the radar used hasn't been checked in x time, you are as a rule off the hook. Mull on that for a second. Quote:
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With a cheer to SnakeDoctor's respectable points on the vagueness doctrine, and the Scott citizenship case. |
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I'm confused about which freedom you speak of, because based on what is is supposed to mean, it's not working so well. I understand what it is SUPPOSED to be, but you can't throw the word "freedom" around and then limit the freedoms you have. It doesn't work that way, yet that is the way we are force fed it. Either a man / woman is free (totally free) or he / she is not. No limits. |
There are only 3 posts in this entire thread worth reading. Just thought I would throw that out there. Thought I would save ya guys some time if you read this far you passed the only 3 important posts. |
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Freedom however is more like being a slut than being a virgin. The history of sentient beings on earth is the history of their struggle for their freedom. There exist objective limits to that (you do not have the freedom to not breathe), and subjective limits to that. Those subjective limits can be self imposed (you do not have the freedom to lie for instance) or mandated from outside (you do not have the freedom to speak in public). Of the later, some are more reasonable than others, in that they have some reason, and some are completely arbitrary. At the very least, practical freedom is the freedom from any arbitrary restrictions on freedom. |
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The law you speak of in Cincinnati, Ohio, has never been challenged in federal court (as far as I know) and would likely be struck down if it were. You can't compare travel to another country with free speech, considering free speech is the 1st amendment in our bill of rights (not the 5th, not the 9th, the FIRST) Freedom to travel abroad isn't anywhere in the constitution that I can remember. |
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I don't think it's actual law there, but any store who sells it gets raided. The also bullied all the hotels to drop adult PPV in Cincinnati. Quote:
My problem is with the word "freedom" and how as Americans we are sold into thinking it is something that it's not. On my first trip to Cuba (yea, fuck the rules), one of the first things I noticed was how relaxed the people were and that they would gather in numbers in certain areas or parks, day or night to sing, dance, play music and DRINK until THEY decided it was time to go home. Police never bothered them. Never. They were free to mass and enjoy their life any time day or night. Every city I have ever lived in within the USA has parks that close at dusk (WTF) and you can not just gather on a street corner with your guitar and bongos and dance and sing songs until dawn. The police would be called and you would be forced to leave, even if that corner was your corner. Noise curfews, drinking in public, too many people gathering in one place... all no-nos in a lot of the USA. You can't even do a lot of it in your own yard if you have neighbors who are too close. But in Cuba, the communist country, axis of evil, you could do what you want. On the flip side, they have their own problems there BUT Cuba does not sell "freedom" to the people. I could go on and on about this with more examples, but it gets nowhere. I moved abroad for a reason, and I don't look back. Don't miss a thing. |
Another great write by Mark. AVN story on Max Hardcore appeal filing: story
Max Hardcore Defense Files Motion For New Trial Juror fired from her job for participating in obscenity trial? By: Mark Kernes Posted: 06/18/2008 TAMPA - Attorneys for "Max Hardcore" (Paul Little) and Max World Entertainment yesterday filed a Motion for New Trial And/Or Judgment of Acquittal on behalf of both defendants in the U.S. District Court for the Middle District of Florida. The defense attorneys had to quickly refile their motion after Judge Susan C. Bucklew rejected the first attempt for being too long - 40 pages, with the Court's self-imposed limit being 25. The final motion came in at just 12 pages. But it's 12 pages of dynamite. The motion, largely written by Max World attorney Jennifer Kinsley, cites six reasons for overturning the jury's verdict of guilty on all counts, including: 1) That the federal obscenity statutes are invalid under the Fifth and Fourteenth Amendment substantive due process rights, as well as being unworkable when applied to Internet speech under the current COPA holding that the "community" for the 'Net is the entire world; 2) That the judge erred in allowing prosecutors Lisamarie Freitas and Edward McAndrew to present only excerpts from the charged videos - the "Euro" versions of Max Extreme 20, Pure Max 19, Golden Guzzlers 7, Fists of Fury 4, and Planet Max 16 - thereby prohibiting the jury from considering the material "as a whole," as well as prohibiting the defense from playing some "extras" on four of the DVDs; 3) That the Court should have recused herself from presiding over the trial after she made comments indicating that she had already formed an opinion as to the guilt of the defendants without having heard all the evidence; 4) That the Court should have dismissed the counts involving mailing of the five DVDs to Tampa on the basis that the government presented insufficient evidence that defendants knew the mails would be used to send the videos, and also that the defendants did not in fact mail the videos at all; 5) That the Court failed to properly handle several jury irregularities, including a note sent from one juror during the trial asking that only excerpts of the charged videos be played rather than the videos in their entirety, and the fact that on the evening of the first day of deliberations, one juror was informed that she had been fired from her job that day, and such firing was not brought to the attention of either the prosecution or the defense; and 6) That the government failed to show that the charged material met the federal standards for obscenity in relation to the material's target audience: the "dominant and submissive sexually deviant group." The abbreviated memorandum that accompanies the Motion makes specific reference to the judge's failure to conduct sufficient voir dire (in this case, pre-selection questioning) to "avoid the prejudice that may result when a juror's ability to remain fair and impartial has been compromised by either outside influence or premature deliberations." "In this case," Kinsley wrote, "the Court failed to conduct the proper inquiry into whether irregularities with the jury that occurred during both the trial and jury deliberations prejudiced individual jurors' ability to remain fair and impartial and thus deprived Mr. Little and Max World of a fair trial under the Fifth and Sixth Amendments." As evidence, Kinsley cited the juror's note, and recalling the Court's attention to the events of the trial, where the defense had objected to the fact that the judge had refused to conduct any questioning of that juror as to whether the juror had discussed the writing of the note with any other jurors either before or after it was written, and the related question of whether the jurors had engaged in discussions about whether they had already formed an opinion as to the obscenity or innocence of the video material before all of the evidence had been presented - another no-no. Kinsley also took the Court to task for its ambivalent attitude regarding whether the charged videos needed to be "published to" (played for) the jury "as a whole," noting that, "The Court initially agreed with Defendants and refused to permit the government to play excerpts of the works for the jury that represent a mere fraction of the entire running time of the DVDs. However, after viewing a portion of one DVD in open court before the jury, the Court inexplicably changed its mind and agreed that it was sufficient for the government to play only a small portion of each DVD instead of the whole. In explaining its ruling, the Court continued to agree that the jury must judge the material in its entirety, but has offered no explanation for how its rulings will ensure that the jury even sees the whole DVDs, much less judges the material as a whole in reaching a verdict." Kinsley also referenced a comment made by a U.S. Attorney to a juror in an elevator, where the attorney asked the juror if the juror was going upstairs to "watch the porn," which Kinsley argues implies that the attorney was "chid[ing]" the juror "for being exposed to the allegedly obscene materials." "The most egregious and troubling incident," Kinsley wrote, "involving extrajudicial influence on a juror occurred on the morning of June 5, 2008, the final day of jury deliberations. At 9:45 am that morning, the Court's bailiff, Mr. Towson, accepted a note from a juror requesting to speak to the Court because she had been fired from her job the night before... On two separate instances in her communication, the juror requested to talk with the Court regarding the incident... The note alleges that the juror was fired for her participation on the jury, but is silent as to what impact the termination may have had on her ability to continue deliberating." "Although the Court received the note on the morning of the second day of deliberations," Kinsley continued, "the Court did not speak with the juror as she had requested until after a guilty verdict was returned in the case... Even more suspect is the fact that the Court never notified Mr. Little, Max World, or their counsel about the note's contents or how the Court intended to address the situation. This is particularly problematic in light of the fact that the jury indicated that same afternoon that it was likely deadlocked as to 10 of the 20 counts and then orally requested a break in court, suggesting that deliberations had become 'emotional.' Equally troublesome is the fact that, when the jury finally did reach a verdict several hours later, the juror who was terminated was crying as the verdict was read..." "The options available to the Court were numerous; it could have disclosed the note to the parties and allowed them to individually voir dire the juror or it could have questioned her itself to assess her ongoing ability to be fair and impartial. Inexplicably, however, the Court elected to do nothing, concealing the note from counsel and ignoring the juror's requests to talk. This is a violation of Defendants' Sixth Amendment rights." "Moreover, facts now known to defense counsel make it likely that, had the Court conducted the proper voir dire, the juror and potentially others would have been excused from jury service, necessitating a mistrial. The fact that the juror cried in the courtroom when the verdict was read is indicative of her inability to persevere in voting not guilty, and her will was likely overcome by the news of her termination. In addition, the remaining two hold-out jurors may have been more likely to compromise based on their knowledge of the juror's termination, and the Court should have questioned them as well to determine their ability to remain impartial." Fight the part 1! |
Kinsley also expanded on the issue of the Court's bias against the material, noting that federal statutes require a judge to recuse her/himself "when a judge is personally biased either for or against a party" and "when her impartiality might reasonably be questioned."
"Whereas the statutes generally apply to extrajudicial situations giving rise to bias or a question of impartiality," Kinsley argued, "'when a judge's remarks in a judicial context demonstrate such pervasive bias and prejudice that it constitutes bias against a party,' the judge must be recused," she wrote, quoting an Eleventh Circuit case. "After seeing only portions of the one DVD the Court permitted Mr. Little and Max World to publish in its entirety," Kinsley detailed, "at the conclusion of the May 29, 2008 trial session, the Court confronted defense counsel on the record and inquired why the defense was insisting on having the jury view the material as a whole. When defense counsel expressed that their decision was a matter of trial strategy not within the province of the court or the government to know, the Court further commented that there was nothing it had seen in the small amount of material it had viewed thus far that was of educational, artistic, scientific, literary, or political value. This comment is particularly troubling because it reflects that the Court prejudged the evidence and determined, prior to the government having rested its case in chief, that at least the third prong of the Miller standard for obscenity - that a reasonable person would find that the material taken as a whole lacks serious scientific, artistic, political, or literary value - had been satisfied. Further problematic with the Court's comment is that, at the point it was made, the Court had not seen four of the five charged DVDs in their entirety to determine whether they individually possessed or lacked value. Given that the Court had formed an opinion as to the evidence prior to the conclusion of the trial, in violation of its own instruction to the jury not to do the same, the Court should have granted Defendants' motion for recusal. Its failure to do so mandates judgment of acquittal and/or a new trial." Finally, Kinsley took the Court to task for failing to make clear from exactly what "community" the "community standards" requirement of the Miller test for obscenity should be taken. "[T]he prosecution must prove an identifiable community standard exists, what that standard is, and that the charged materials violate it," Kinsley wrote. "And if the trier of facts, based on the evidence, is unable to determine what the community standards are, then the defendant will be entitled to a verdict in his favor... Thus, while the prosecution is not required to introduce expert testimony or other evidence of what the community standards are in order to avoid a judgment of acquittal as a matter of law at the conclusion of its case, the prosecution assumes the risk that, in the absence of such evidence, the trier of facts will be unable to determine what the prevailing community standards are, and will therefore be required to enter judgment for the defendant on this ground alone." [Citations omitted] During the trial, the jury was unclear as to how to assess the standards of the "community" at whom the charged videos were aimed, as evidenced by a question the jury sent to Judge Bucklew during deliberations. However, even after the judge's further instruction on the subject, it appeared that the jury still did not understand the issue, and that may have affected the trial's outcome. The prosecution has 30 days to respond to the defense motion, and Judge Bucklew will rule shortly thereafter. Fight the part 2! |
interesting update ... thx :thumbsup
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Thank you also how could the government say the community is against when there are over 60 adult video stores in that town?
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I still say put the crazy fuck on the electric chair or have take a vacation in Iraq SHia area with a shirt that say's "I am a pornographer"
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Well that long paragraph basicaly means the Defense Lawyer is crying and clawing at any unreasonable legal thing that can be grasped.
MaxHardcore is going to go away for along time. May he die in fucking jail getting ass raped by felons. Maybe he can experience first hand his own method of chocking out a girl on a cock with the famous head lock and cock shock thing he does. I have no pity for that shit stain of a non human being. |
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I wouldn't count on Judge Bucklew to rule against herself and grant Max a mistrial or judgment of acquittal, but there are definitely solid grounds for appeal.
In fact I wouldn't be surprised if the appeals court didn't throw the entire case out and force the government to retry it or just leave it alone. |
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I am not defending SEG just saying what SEG does and MaxHardcore does are very very different things. Besides SEG is in Canada. |
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No thats not what that paragraph means asshat. You and people with your imperious mentality over what is acceptable is the reason we, and when I say we I mean you and your hypocritical Extreme Associates website designing ass and EVERYBODY else in this business are being atacked on multiple fronts by the government and moral police who give them money. This aint about the Miller Test. This is about the government appeasing the family values groups and the christian fundamentalists. Now go find out what types of porn they approve of and post it here so we can all make sure we don't push the line you spineless fuck. You and your hypocritical yellow ass wouldn't be fit to clean The Yellow Couch after Max explains safe sex to some clueless teen. Do people really think Max picks up runaways and sets up "mainstrem modeling gigs" and then somehow tricks women into taking it up the ass and drinking piss. Are you fucking serious? He is a pornographer, just like everybody else here. You are one sad fuck. |
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HAVE YOU SEEN SWEET"S WEBSITES? Take a look. Oh and by the way THEY OWN THE SITE MAXHARDCOREPORN for fucks sake. |
A Smart and Super-nice Person, Too!
Attorney Jennifer Kinsley is one VERY sharp mind. Along with other top FSC attorneys involved with the case, I witnessed her intellect during the FSC actions at Denver's 10th District Circuit Court considering the TRO against DOJ 2257 enforcement as it regarded Secondary Producers.
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Absolutely Dave, she is worth every penny.
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We talked all about every production in depth fully and what we would be doing.. PRIOR to ..DURING .. AND AFTER every production .. everyone/thing was agreed upon prior .. and I could have shown you 1000's of post production addendums with discussions of safety .. health and welfare were discussed .. but I did my very best to make it look ..sound and seem real to the consumer ..I personally know Max and have and support his feeds ... the only problem I see here has been having court in the wrong place at the wrong time .. and in my gut I am just getting the feeling that the legal system has just had enough of his antics ..and well everyone else kind of washing their hands because your all to afraid to learn more about what your country is actually doing to you and your rights .... Take the time to read the court stuff .. all of it .. it was a very long trial .. and it was all based on "Obscenity based on community standards" .. the only difference in trials that I have read would be using the US postal service to distribute the content .. that and the fact Max would be the last person I would want to see on the stand ... |
I smell "acquittal" or "dismissal" in the air and it smells good.
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