Paul Little, AKA "Max Hardcore," has been found guilty on 20 counts of obscenity across five movies that were sold within a particular district in Florida.
People in this country make me sick the way they try to decide what consenting adults can or can't market to each other or choose to purchase. As if they themselves have been personally offended. One of the more sensible jurors said
"I'm just so sorry this happened to you," the woman said, and did in fact hug Little, whose courtroom demeanor had been above reproach. "We tried and we tried and we tried, but we just couldn't get through to those others. They just beat on us and beat on us and beat on us until we gave in."
The jurors indicated that while the five movies, which contained scenes of urination, fisting and vomiting, were not to their taste, they didn't see anything wrong with others watching them if they wanted to, with the foreman commenting, "After all, that's why we have the First Amendment."
Oh, and the court ignored legal precedent, too.
James Komurek, president and owner of JKG, Inc. and Jaded Video, an online retailer, had testified under grant of immunity that his company had done the mailing, and that neither Little nor MWE had had anything to do with choosing either the destination or the method of delivery. Judge Bucklew, however, had found that the mere fact that MWE sold the charged videos to Jaded, which then resold them to postal inspector Linda Walker, was enough to make out a case for "aiding and abetting" the sale, despite a recent 5th Circuit decision in U.S. v. McDowell that had found that a defendant in a similar situation was not guilty of the same crime.
But that was a 5th Circuit decision, Judge Bucklew said, and under case law in the 11th Circuit, where the trial was taking place, the defendants were guilty because they could have "reasonably foreseen" that Jaded would use the U.S. mails to send the DVDs to Tampa. Motion denied.