GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Anyone paying attention to the Max Hardcore trial going on now?

mikesouth · 05-29-2008, 09:25 AM

OK theres a lot of completely offbase speculation here. First State law has nothing to do with this, this is a FEDERAL trial, doesnt matter if its Cali or Utah...Its the feds NOT the state. California is no more safe from federal prosection than Utah is.

Max's statement:
"I'm standing tall because I know I'm in the right," he said. "I'm facing down the government because they have no right to tell the American people what they can watch in their own homes that's made by consenting adults, with consenting adults and for consenting adults."

This trial is NOT about what people are allowed to watch in their own homes, as much as Max or anyone might hope it is if the jurors were to decide that way it would be "jury nullification" which trust me, they know nothing about, nor is it likely the judge will allow them to be educated. What it is about is simple do the videos pass the Miller Test.

The fact that the same judge who ruled that all the videos must be viewed in their entirety now appears ready to reverse that ruling after viewing only 20 minutes of one video says an awful lot.

Still it takes only one juror.

While I do hope Max wins I am not happy about the position this puts the industry in. He is making it much easier for the rest of us to be taken down because of the extreme nature of his content. This trial is highly important because it will be the first time that community standards has been applied in a federal prosecution involving distribution via the internet. Should the extreme nature of the content sway the jury to find it obscene, it's very likely they wont nit pick and say well yes its obscene but we dont think the citizens of Tampa should be determining the standards for the rest of the country because next the feds will use Utah or Alabamas standards.

It's a hail Mary play for the porn industry at best, and the chances of success are about the same.

05-29-2008, 09:25 AM
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	OK theres a lot of completely offbase speculation here. First State law has nothing to do with this, this is a FEDERAL trial, doesnt matter if its Cali or Utah...Its the feds NOT the state. California is no more safe from federal prosection than Utah is. Max's statement: "I'm standing tall because I know I'm in the right," he said. "I'm facing down the government because they have no right to tell the American people what they can watch in their own homes that's made by consenting adults, with consenting adults and for consenting adults." This trial is NOT about what people are allowed to watch in their own homes, as much as Max or anyone might hope it is if the jurors were to decide that way it would be "jury nullification" which trust me, they know nothing about, nor is it likely the judge will allow them to be educated. What it is about is simple do the videos pass the Miller Test. The fact that the same judge who ruled that all the videos must be viewed in their entirety now appears ready to reverse that ruling after viewing only 20 minutes of one video says an awful lot. Still it takes only one juror. While I do hope Max wins I am not happy about the position this puts the industry in. He is making it much easier for the rest of us to be taken down because of the extreme nature of his content. This trial is highly important because it will be the first time that community standards has been applied in a federal prosecution involving distribution via the internet. Should the extreme nature of the content sway the jury to find it obscene, it's very likely they wont nit pick and say well yes its obscene but we dont think the citizens of Tampa should be determining the standards for the rest of the country because next the feds will use Utah or Alabamas standards. It's a hail Mary play for the porn industry at best, and the chances of success are about the same. __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.