|
United States V. Kilbride
''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, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). 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. Background Jeffrey A. Kilbride and James Robert Schaffer ran an unsolicited bulk email company called Ganymede Marketing, which sent hundreds of thousands to millions of spam emails a year. These em ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Correctional Institution, Lompoc
The Federal Correctional Institution, Lompoc (FCI Lompoc) is a low-security United States federal prison for male inmates in Lompoc, California. It is part of the Lompoc Federal Correctional Complex (FCC Lompoc) and is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. FCC Lompoc is located within the city of Lompoc, northwest of Los Angeles, adjacent to Vandenberg Space Force Base. The complex also includes a U.S. Penitentiary and a minimum-security prison camp. Facility The average offender at FCI Lompoc is serving between one and fifteen years for federal drug and or other non-violent offenses. It has four general housing units, two of which offer dormitory and room-type housing. The institution offers a full range of inmate employment, vocational training, education, counseling (both mental health and drug abuse), medical, dental, pre-release preparation, and other self-improvement opportunities. Notable incidents 1980 escape ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ashcroft V
Ashcroft may refer to: Places * Ashcroft, British Columbia, a village in Canada **Ashcroft House in Bagpath, Gloucestershire, England—eponym of the Canadian village * Ashcroft, New South Wales, a suburb of Sydney, Australia * Ashcroft, Colorado, a former U.S. mining town, south of Aspen * Ashcroft (Geneva, New York), a historic house * Ashcroft Technology Academy, a secondary school in London, UK People * Catherine Ashcroft, English musician (Irish Folk) * Charlie Ashcroft, English footballer * Chloe Ashcroft, British television presenter * Christina Ashcroft (born 1964), Canadian sport shooter * Dolores Ashcroft-Nowicki, British occultist * Edgar Arthur Ashcroft (1864–1938), invented zinc extraction process in Australia * Ernest Ashcroft (b. 1925), English professional rugby league footballer * Lee Ashcroft, English footballer * Jay Ashcroft, American politician * Jimmy Ashcroft, English footballer * John Ashcroft, the 79th Attorney General of the United States under Georg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miller Test
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. History and details The Miller test was developed in the 1973 case ''Miller v. California''. It has three parts: *Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, *Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, *Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.This is also known as the ''(S)LAPS test''- eriousLiterary, Artistic, Political, Scientific. The work is considered obscene only if ''all three'' conditions are satisfied. The first two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain Error
The scope of review refers generally to the right to have an issue raised on appeal. It entails whether an issue was preserved by or available to an appellant on appeal. Scope of review is to the appellate court what the burden of proof is to the trial court. For example, in the United States, a party can preserve an issue for appeal by raising an objection at trial. Scope of review further relates to matters such as which judicial acts the appellate court can examine and what remedies it can apply. The scope of review for administrative law evolved substantially in the 1970s and 1980s. See also * Standard of review In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or ov ... References * {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obstruction Of Justice
Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice. Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others. Obstruction also applies to overt coercion of court or government officials via the means of threats or actual physical harm, and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority. Legal overview Obstruction of justice is an umbrella term covering a variety of specific crimes. '' Black's Law Dictionary'' defines it as any "interference with the orderly admini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanors
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Free Speech")
