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Adult Filmmaker Gets 46 Months In Prison, $1.4 Million In Fines
What do you consider ‘obscene?’ What do you think your neighbor would consider ‘obscene?’ Is is possible that you and neighbor might differ? Do you know people who might disagree with what you consider ‘obscene’?
These are all questions that must be considered when looking at the outrageous case of Max Hardcore. Max is a pornographer pure and simple. His real name is Paul Little and he makes some of the filthiest and most degrading porn around.
If you saw one of his movies you would likely be totally disgusted. However, as despicable as his films may be to the average person there are some people who like his movies. Let me be clear, we’re not talking about child porn here. I’m talking about consenting adults who are in these movies and who watch these movies.
The federal government decided that Paul Little’s movies offended them so they charged Little with 10 counts of distributing ‘obscene’ materials through the Internet and mail.
Little went on trial and 12 jurors sat through several hours of his movies, and after a lengthy deliberation they too decided his movies were offensive. This was despite testimony from some of the women who starred in Little’s movies. The women told the jury that they were well paid and had no regrets about doing the films and were certainly never forced to do anything.
Today Paul Little was sentenced to 46 months in federal prison and fined more than $1.7 million dollars for distributing material that some deemed to be ‘obscene.’
My point here is not to gain sympathy for a pornographer, but to highlight the bigger picture and what it means for free speech.
The Supreme Court uses what is called “The Miller Test” to determine whether or not something is ‘obscene’ or not. There are 3 factors all of which must be satisfied in order for something to legally be considered ‘obscene.’
- Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
- Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions[2] specifically defined by applicable state law,
- Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific).
The reason this is deeply flawed is because it lacks a national standard. How can you apply a ‘community standard’ to something transmitted over the Internet? Moreover, a community standard might be different in Georgia than it would be in California.
For these reasons, Little has a very good shot at overturning his conviction on appeal. However, that still doesn’t change the seriousness of these kind of prosecutions by the government and what they mean for free speech.
You may not care about the porno guy, but what if next time it’s a song? Or maybe a painting? What if next time the federal government decides a certain book is obscene? The real truth is that ‘obscenity’ is in the eye of the beholder.
One person may find a rap song riddled with the n-word to be obscene and offensive, while another person may like the rap song buy find pornography to be offensive.
In the United States pornography provided all parties involved are at least 18 years of age or older is completely legal. So for the government to single out certain adult filmmakers for prosecution because they don’t like the kind of stuff consenting adults are doing in the films is totally unacceptable.
Pornography does have its legal limitations in the U.S. as well it should. It’s flat out illegal to film persons under the age of 18. It’s illegal to have sex with animals and dead people — which we can all agree are good laws.
At no time was it ever alleged that Paul Little’s movies contained any illegal acts — but merely taken as a whole they were deemed to be ‘obscene.’
The government cannot make pornography illegal, because that would be unconstitutional. So the idea is to try and put pornographers out of business by charging them with ‘obscenity.’ Little’s case is the first one they’ve actually been able to secure a guilty verdict.
In the end the feds don’t really care if they get a guilty verdict, because the cost of defending an obscenity case in court usually bankrupts the porn company in question — so the government ‘wins’ either way.
This is the kind of crap you would expect to happen in Russia, but not in America. Underhanded tactics like that are the real obscenity in this country.
Regardless of how you may feel about porn, this is an outrageous prosecution and represents a shocking abuse of power by the Justice Department and is fundamentally unconstitutional.
-Chris Jones
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8 Responses to “Adult Filmmaker Gets 46 Months In Prison, $1.4 Million In Fines”
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40% of americans are so fucked up mentally they are so dumb they actually jailed paul little (aka max hardcore)for making legal adult films.are they so stupid,so uneducated that they do not known their little 8 year old daughter can punch in two words on the net and get a young girl sucking the cock of a little pony and the pony is loving it.also hardcore child porn is rampant on the net do they go after this?no they go after the adult porn industry.mike scott canada.
america, wake up, paul little is and was an american hero for twenty years,he has saved thousands of american men from the depths of depravity,hardcore child porn and the forida sicko jury jailed him watch out you sickos we are going to rebel mike scott canada.
golly gee you florida stupid fucking jurists jailing paul little,you chicks can suck my canadian cock live on larry king,and then i will piss all over your stupid fucking faces.gargel it and swallow my piss on command.mike scott canada.
whats wrong america,do you known what country 95 %of the worlds population want to visit and hopefully stay?you guessed it canada jesus christs rainbow country.america was so far down the list even mike scott was suprised.you see, america you are nothing to me,you jailed paul little beacause of your jerry fallwell sick, guilt ridden mentality.late june 2009 where is obama on the paul f little file.i fucking knew in my heart ,you will not here one fucking word on the adult film industry because he is scared shitless.mike scott canada knew it from day one.
you guilt ridden american sick fucks,you jailed paul little for legal adult films and you let off the hardcore child porn fucks who rule the net.yes we did mike we did, why cunts we dig hard core child porn as we are the sick fucks of american society we dig child porn.you disgusting pieces of american white trtailer trash.
paul f.little american hero serving time for legal adult films.jamie gilles,can you bielive it?,howard stern,can you bieleve it?.lenny bruce can you believe it?bill mayer can you bielieve it?hugh hef can you bielieve it?dr.henry morgantaller canada can you bielieve it?mike scott we love you.irish rocker bob guildof can you bielieve it?no mike scott canada we can not bielive it,so we will rebel.
gee we do not bielieve in the rebel women from the fifties using coat hangers to abort their babies or the gays being jailed for sodomy,so we rebels said rock and roll little richard and chuck berry 1955.
golly i am so sorry for michael jackson who commited suicide and billions of his fans all over the world cried.how about paul little who saved thousands of men from the depths of depravity.strange.not hard core porn oh no.we dig the genious michael jackson who became a fucking lunitic and my heart bled for him.his father joe is a fucking losser.its ok son you can build neverland.what?mike scott canada.