United States v. Kilbride
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United States v. Kilbride, 584 F.3d 1240 (9th Cir. 2009) is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and United States obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers,[1] which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3).[2] The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet.
United States v. Kilbride | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | United States of America v. Jeffrey A. Kilbride and James Robert Schaffer |
Argued | June 8 2009 |
Decided | October 29 2009 |
Citation(s) | 584 F.3d 1240 (2009) |
Case history | |
Prior history | Appeal from the United States District Court for the District of Arizona |
Holding | |
Affirmed, but remanded for a clerical correction. | |
Court membership | |
Judge(s) sitting | Procter Hug, Jr., Betty B. Fletcher, Michael Daly Hawkins |
Case opinions | |
Majority | Betty B. Fletcher |
Laws applied | |
18 U.S.C. § 1037(a)(3), 18 U.S.C. § 1037(a)(4), 18 U.S.C. § 1462, 18 U.S.C. § 1465, 18 U.S.C. § 1956 |