Ninth Circuit Holds That the Community Standard for Regulating Obscene Speech on the Internet Should Be National

摘要

In United States v. Kilbride [No. 07-10534 (9th Cir. 10/28/2009)], the defendants were convicted in district court of obscenity charges arising from conduct relating to their business of sending spam that advertised adult Web sites. They then appealed to the Ninth Circuit, challenging their convictions on the ground that the district court had erred in instructing the jury as to the definition of obscene expression regulated by 18 U.S.C. §§ 1462 and 1465.