Recent Convictions Challenge Miller Test Definitions

TAMPA, Fla. — Two recent obscenity convictions have furthered the confusion of the legal definition of obscenity in the U.S. courts. At the core of the recent judgments is the definition of a "community" — specifically when that community is based online.

The Paul Little (Max Hardcore) and Karen Fletcher (RedRose.com) convictions, well known within the adult industry, have also caught the attention of mainstream media. An article posted on PC World addresses the complexity of the issue and its influence on webmasters and viewers.

Max Hardcore's recent 46-month jail term and fine, as well as Karen Fletcher's probation were achieved by the DOJ by using a traditional interpretation of the 1973 Miller v. California precedent. That ruling, which states that obscenity charges must pass a three-point test, has made previous, successful obscenity convictions difficult for the courts.

One point of that test requires that the material in question must be "the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest."

The definition of "community" in that point is now under question when the creator of material and the consumer of the product are linked only by electronic means.

Community standards would, by definition, include anyone who would have access to the questionable material. In reality, the Internet community would be defined as global.

"With a website, you can't block traffic from another location," said Jeffrey Douglas, Little's defense lawyer.

Douglas is filing an appeal of both the conviction and sentence in the Hardcore case next week.

"This appeal will be of central importance to every adult website in the world," he said.

Hardcore's sentence has troubled many in the adult industry. The implications of Karen Fletcher's conviction, however, have been cited as having the potential to be far more chilling. Her erotic writing, posted at RedRose.com has led the 56-year old to five years of probation, including six months of being stripped of her computer. Her violation of the obscenity law was stated as "using an interactive computer service to distribute obscene materials." Although there were no pictures, the text was deemed to depict sexual molestation and violence that included children.

As previously reported in XBIZ, prosecution of literary obscenity has proven to be much more difficult than explicit images. The defense of allegedly obscene literary content, however, is often more successful when considering another Miller Test requirements: that "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."

Writing has a — or attempts to create — linear, concise thought. Eric Goldman, director of the High Tech Law Institute at Santa Clara University School of Law told PC World "it's almost impossible for text to be judged obscene."

"The idea of a contemporary community standard of obscenity is an unfounded fantasy by the judges," Douglas told XBIZ. "Either we establish an Internet community standard, or we start over from scratch and sit down and try to define obscenity properly."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Show More