Max Hardcore Attorneys Deliver Appeal to 11th Circuit

CINCINNATI, Ohio — As Max Hardcore prepares to begin serving his 46-month sentence for obscenity crimes, his attorneys have filed an appeal to the 11th U.S. Circuit Court of Appeal, requesting to orally argue their case.

In documents obtained by XBIZ, Hardcore attorneys point to a dozen issues of contention, including whether community standards should be applied to online material and whether a defendant’s sentence can be enhanced for sadomasochism when the evidence is that the acts were not painful.

The attorneys also want the 11th Circuit to weigh whether federal obscenity laws are unconstitutional when it comes to criminalizing the sale of adult material for private viewing, as well as whether the government can prosecute an online adult company when it didn’t have proof that defendants knew their site was hosted in the district of prosecution.

They also claim that the Miller test requirement that material be taken as a “whole” is impossible in the context of the Internet.

“Defendants’ federal obscenity convictions, the first of their kind in decades, are riddled with constitutional difficulties that mandate reversal on appeal,” the attorneys said in a brief filed yesterday. “Given these errors, defendants’ convictions and sentences should be overturned on appeal.”

Jurors in June returned a verdict of guilty against Hardcore on 10 federal counts of distributing obscene materials in central Florida over the Internet and through the mail. His company, MaxWorld Enterprises, also was found guilty on 10 related counts. Both Hardcore, whose real name is Paul F. Little, and his company were fined $1.4 million, as well.

Hardcore has been ordered to report to federal prison on Jan. 29.

Attorney Jeffrey Douglas, who represented Hardcore at U.S. District Court in Tampa, said at the time that it was a “sad day for America” when he was convicted.

But on Wednesday, Douglas told XBIZ he was optimistic the 11th Circuit would take the case, giving kudos to the attorneys who wrote the 57-page, 13,085-word brief and will handle the appeal.

“All congratulations for this effort belong to H. Louis Sirkin, Jennifer Kinsley and that firm,” he said, referring to Cincinnati-based Sirkin, Pinales & Schwartz.

View Max Hardcore's Appeal to 11th Circuit

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

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.

Full Circle Expands 'Dream Doll' Line, Adds Functional Mouths

Full Circle has introduced eight new models with functional mouths from its Dream Doll collection.

Starship Opens New Store in Augusta, Ga.

Starship Adult Stores is opening its new brick-and-mortar location in Augusta.

Besharam's Raj Armani Featured on Front Page of Financial Express

Besharam and its co-founder and COO Raj Armani are featured on the front page and in an interview for the prominent Indian newspaper Financial Express.

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.”

Show More