United States v. Jeffrey A. Kilbride

584 F.3d 1240 (2009)

From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

United States v. Jeffrey A. Kilbride

United States Court of Appeals for the Ninth Circuit
584 F.3d 1240 (2009)

  • Written by Sharon Feldman, JD

Facts

Jeffrey Kilbride and James Schaffer (K&S) (defendants) ran a bulk-email-advertising business through a Mauritian company. The advertisements in the emails contained sexually explicit images. Fictitious information was placed in the email headers’ “From” field and the domain-name registrations. K&S were convicted of interstate transportation of and interstate transportation for sale of obscene materials, and bulk-email fraud in violation of 18 U.S.C. §§ 1462, 1465, and 1037, respectively. On appeal, K&S argued that (1) the jury should have been instructed to apply a national community standard in defining obscenity and (2) the terms “impair” and “altered or concealed” in 18 U.S.C. § 1037(d)(2)’s definition of “materially falsified” made the section unconstitutionally vague as applied to K&S’s conduct and on its face. K&S maintained that the prevailing definition of contemporary community standards, which permitted jurors to determine community standards based on knowledge of their own community, impermissibly burdened protected speech because email distributors of potentially obscene materials could not control where their materials went and would tailor materials to the least tolerant community’s standard.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 797,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 797,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 797,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership