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 © 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

Meddle Blooms Fronts Latest From Grooby VR

Meddle Blooms stars in the latest release from Grooby VR, titled "How Do I Look?"

New Creator Platform 'UpTopModels.com' Launches

Producer Trey UTM has launched the new creator platform UpTopModels.com through MyMember.site.

Claudia Ross Wraps Production on Elegant Angel Feature 'Octavia Loves Girls'

Elegant Angel has announced that production has wrapped on the all-girl feature, "Octavia Loves Girls," directed by Claudia Ross.

Leah Layz Makes Her WIFEY Debut

Leah Layz has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Logan and Anton Harden.

Raissa Bellini Makes Her Blacked Raw Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash and Isiah Maxwell.

Ravyn Alexa Makes Her Digital Playground Debut

Ravyn Alexa has made her Digital Playground debut alongside Millie Morgan and multi-XMAs winner Zac Wild in “They Put the HO in Neighborhood.”

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

Skylar Snow Fronts Latest From New Sensations

Skylar Snow stars with Mighty Dee in the latest release from New Sensations.

Summer Kline Stars in Latest From Bellesa House

Summer Kline stars with Damion Dayski in the latest scene from Bellesa House.

Kheper, Warm Human Launch New 'Gift Bags'

Kheper Games has partnered with Warm Human to launch seven new naughty and irreverent-themed gift bags.

Show More