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Once again my congratulations to Mr. Hardcore for convincing the porno industry that their interests rise and fall with his thereby ensuring that they follow him like a puppy dog.
They need not "follow" him in order to see that their own long term interests are protected should the axe fall the wrong way. If the government cannot secure a conviction in Florida using Max Hardcore's greatest Euro-hits, they are far less likely to secure such a conviction in mainstream America with the latest Vivid offering. Helping Max is like buying insurance or hiring an attorney when under investigation; you'd rather keep your money but realize that there are times when you can be penny wise and pound foolish. This is one of those times.
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In Brockett v. Spokane Arcades Inc, 472 U.S. 491 (1985) prurient is material which has a tendency to excite lustful thoughts but excludes "materials which "excite lustful thoughts" but "provoke only normal healthy sexual desires."
I'm not a fan of the content Max produces so the biggest obstacle for me would be proving that his stuff excited me in the slightest, never mind produced lustful thoughts. Under cross examination, I doubt anyone would keep a straight face (no offense Vanessa) when that question came up...
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"I'm rich. I'm a strong, trained fighter. I own a gun. And I am completely...fucking ... psychotic." Kurt Lockwood ranting yet again