Originally Posted by Quentin

Believe it or not, the most likely vulnerability to the government's arguments may well be in prong 1 of the test, as strange as that might seem.

If the defense can show (and is allowed to present evidence to the effect) that Tampa residents have been downloading similar materials hand over fist, that could aid their argument that the videos are not patently offensive to enough of the community that the overall community's standard should be interpreted as 'loose' enough to tolerate content like Max's.

It will be tough sell, no doubt, and there's no guarantee that the judge will permit the defense to present such data (assuming that the defense has had the opportunity to gather the data in the first place, and has taken that opportunity), but Jeffrey Douglas, who is one of Max's attorneys in this case, has presented such evidence and made such arguments before, and has had some success in persuading juries that their community's standard is far more accepting of extreme porn than one might think.

This is not to say I think an acquittal is likely, but it certainly would not be the first time a defendant has faced seemingly long odds in an obscenity trial and come out on top. He certainly has very good representation going for him; if you have to step into court to face federal obscenity charges, you can't ask for much better than having Sirkin, Douglas, Kinsley, etc. in your corner.