Max Hardcore Takes Fight to Federal Appeals Court

TAMPA, Fla. — Following his conviction in federal court on obscenity charges, Max Hardcore’s legal battle moves on to the 11th U.S. Circuit Court of Appeals, a “generally conservative court,” according to one of his attorneys.

Hardcore — whose legal name is Paul F. Little — is free pending appeal, which his attorney Jeffrey Douglas told XBIZ would be filed sometime before the end of the business day Thursday. Douglas represented Hardcore in the obscenity case that resulted in a conviction carrying a sentence of 46 months in prison and fines of more than $1.4 million.

Attorney H. Louis Sirkin will represent Hardcore through the appeal, during which Sirkin will have to prove that Hardcore’s First Amendment-given right to free speech was violated, Douglas said.

“It is an agonizingly slow process,” Douglas told XBIZ. “We need to find errors of constitutional dimension. We’re confident we have those.”

By law, Hardcore has six weeks to file an appeal or must turn himself in to begin serving the sentence because “the Florida Bureau of Prisons will send him a notice” within that time frame, Douglas said.

In handing down her sentence, U.S. District Judge Susan C. Bucklew admonished Hardcore for speaking to the press, sternly advising him that if he wanted to remain a free man, he should stay away from the media.

Bucklew’s recommended prison sentence and fines were at the minimum levels suggested by the federal prosecutors for Hardcore’s 10 counts. Bucklew fined Hardcore $7,500 and Max World Entertainment Inc. for $75,000. The fines on all charges add up to about $1.4 million.

The federal government was asking for more stringent sentencing than what the judge ordered. In a memo filed Oct. 1, the Justice Department attorneys suggested the judge compare Hardcore’s obscenity charge to “child pornography, narcotics and fraud.”

The memo also included several quotes in the media given by Hardcore. The Justice Department argued that these were “not indicative of an individual who possesses any level of acceptance of the crimes he committed.”

Hardcore’s defense team dismissed the government’s memo as failing “to make a vital distinction” between “the definition of obscenity as opposed to child pornography, narcotics and virtually any other contraband.”

The defense memo recalled the obscenity precedent set by the U.S. Supreme Court. The high court ruling “restricted the government from simply finding the most conservative jurisdiction in the country and utilize that community as a site” for prosecution, according to the memo.

The Justice Department’s Child Exploitation and Obscenity Section originally charged Hardcore for mailing 10 adult DVDs to central Florida, as well as operating a website that earned about $1.18 million in revenue in 2005 and 2006.

Related:  

Copyright © 2025 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

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

FSC Publish Analysis of Federal Trade Commission Event Promoting AV

The Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Cubbi Thompson Makes Her Jules Jordan Debut

Cubbi Thompson has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Seth Gamble Drops Trailer for Upcoming Feature 'Once Upon a Time in the Valley'

Multi-XMAs winner Seth Gamble has released the trailer for his upcoming Wicked Pictures feature, "Once Upon a Time in the Valley."

Ryan Reid Stars in Latest From Brazzers

Ryan Reid stars with Damon Dice in “A Day in the Life,” from Brazzers.

Andylynn Payne Toplines Joey Silvera's 'Trans-Active 30'

Andylynn Payne headlines director Joey Silvera’s “Trans-Active 30” from Evil Angel.

Violet Myers, Megan Faith Star in Latest From Slayed

Reigning XMAs Premium Social Creator of the Year Violet Myers stars with Megan Faith in the latest release from Vixen Media Group studio imprint Slayed.

Coco Bae Returns to Brazzers

Coco Bae stars with Danny D. in the latest release from Brazzers, titled “The Cock Collector.”

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More