Lawyers React to Max Hardcore Verdict

LOS ANGELES — In the wake of Max Hardcore’s conviction on obscenity charges, the adult industry may be dismayed, but legal experts agree that it’s nothing to worry about — yet.

Any obscenity conviction brings with it the concern that the industry must prepare for an onslaught of federal prosecutions that will bring adult to its knees, and when Hardcore, aka Paul F. Little, was found guilty on 10 counts of distributing obscene materials, the industry did the usual hand-wringing.

“This is a terribly disappointing decision,” Free Speech Coalition Executive Director Diane Duke told XBIZ. “At a time when our country is in crisis on so may other fronts, the fact that our federal government would spend any resources on an issue that has no victims is unconscionable.

“The Bush administration and the Department of Justice continue to push the agenda of fundamental extremists with misplaced priorities that are out of touch with Americans.”

First Amendment attorney Larry Walters told XBIZ not to get too worried.

“The government might feel more emboldened [by this conviction], but the fat lady has not yet sung,” said Walters of the firm Weston, Garrou, Walters and Mooney.

He added that the Hardcore trial will rightly spur industry professionals to look at their businesses and take stock of how prosecutable they are.

But Walters also said that the industry shouldn’t get too worried because of the extreme, fringe nature of Hardcore’s movies.

“If a Vivid, a Hustler, a Wicked — you know, vanilla porn, a feature with a storyline and characters was convicted, then we’d have something to worry about,” he said.

One of Hardcore’s own attorneys, Jeffrey J. Douglas, agreed that Hardcore’s conviction does not represent a beachhead from where the government can launch a full-scale assault on the industry.

“There were so many anomalous things about this case that [the conviction] means very little,” he told XBIZ, adding that Bush’s administration’s vaunted pledge to win more obscenity prosecutions hasn’t gone as planned.

Formed in 2005, Bush’s task force drew scorn from within the ranks of the FBI, many of whom felt that the force was a waste of resources.

"I guess this means we've won the war on terror," one anonymous FBI agent told the Washington Post at the time.

Douglas echoed that sentiment.

“Oh, it’s been a catastrophe,” he said, referring to Bush’s anti-obscenity task force. To wit, Douglas called the Department of Justice’s failure to win a conviction against Extreme Associates a "huge failure." Douglas also argued that the Ira Isaacs obscenity trial, even if it were to end in conviction, wouldn't be a death knell for the adult industry because the case "doesn't involve commercial material."

The Isaacs trial was suspended yesterday because the judge in the case revealed that he maintained a publicly-accessible website that included sexually explicit photos.

So what does the future hold? More prosecutions, more convictions and more cases thrown out.

"You win some, you lose some," Walters said. "That's the nature of the vague obscenity test we have now. The jury [in the Hardcore case] didn't know what to do. They didn't even know what half the words meant."

Walter was of course referring to the "Miller" test, the current standard for obscenity that was laid down in the 1973 Supreme Court decision, Miller vs. California.

Walters also recommended that businesses shore up their legal protections. Although he stopped short of giving any actual legal advice, he did indirectly offer a few tips:

• Get a good lawyer.
• Don’t make your business an attractive target. Look at the practices of companies that get prosecuted and do the opposite.
• Don’t challenge the government, or they’ll take you up on it.

"Run a good business," Walters said. "That way, no one will have a reason to bring you to court."

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

X3 Mag Drops Collector's Edition Featuring 2026 Expo All-Stars

The special New Year’s edition of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind today’s top stars, is now available.

BiPhoria Debuts New Series 'Caught Bi'

BiPhoria has debuted its new series, "Caught Bi."

Ella Hughes, Nata Gold Star in Hentaied Pro's 1st Interactive Release

Ella Hughes and Nata Gold star in Hentaied Pro’s first interactive release, titled "Endless Echoes."

Lauren Phillips Leads Latest From MILFY

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Parker Ambrose and Dwayne Foxxx in a new DP scene from Vixen Media Group (VMG) studio imprint MILFY.

Maria May Makes Her MYLF Debut

Maria May has made her MYLF debut alongside Lola Aiko and Juan Largo in the studio’s latest release, titled "Only Straight-A Students Get Dommed by Mommy."

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Juniper Ren Toplines Bryan Gozzling's 'Hookup Hotshot: Internet Sex Addicts Volume 6'

Juniper Ren headlines director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts Volume 6” from Evil Angel.

Brittany Andrews Stars in Latest From Pervz

Brittany Andrews stars with Mike Ox in a new scene from Pervz series PervPrincipal, titled “MILF Principal Makes a Dirty Deal with a Student.”

Ariel Demure Leads Latest From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure stars with Adam X Lee and Mark X in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Dicks and a Drildo Does the Trick.”

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Victor Ray in the latest release from Brazzers, titled “First Time Cheater, First Time Anal.”

Show More