United States v. Kilbride

United States v. Kilbride
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	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
Judges 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

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.