Max Hardcore AKA Paul F Little was found guilty of 10 counts of obscenity a few months ago. His sentencing came this week and got 46 months in jail plus fines and he will have to serve 3 years probation when he is released. The judge did allow him to remain free until a prison is determined. He will be appealing immediately. He had to wait for the sentence before he could even file the appeal so this is just the next step in the process, however it sounds like the way it things look he may end up in prison while his appeal is being carried out.
This is the first time a porn producer has been found guilty of obscenity while the distributor was given immunity. Little even argued that he had no idea they were sending his material through the mail since he doesn’t handle distribution himself. While I may not be a fan of his content, 46 months seems like a long time for this and it could set a very dangerous precedence. Some of the counts he was convicted on were simply trailer clips on his website. The law clearly says you have to take the work as a whole so they shouldn’t be allowed to convict him on just clips. I imagine that will be a big part of his appeal.
I hope he eventually beats this. Even if his content was extreme and turns a lot of people off you have to keep in mind that the battles for free speech are fought on the fringes. Once the extreme stuff has been beaten down, you know the softer more mainstream stuff is next.