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Hastings Constitutional Law Quarterly

Authors

Sarah Kagan

Abstract

This note was written in response to the Ninth Circuit Court of Appeals' 2009 decision in United States v. Kilbride. The Court's opinion called for the application of a "national obscenity standard" when evaluating speech transmitted online or through e-mail. This note seeks to address some of the practical issues raised by a national standard, including identifying the relevant national community, the need for empirical research on community standards for obscenity, implications for free speech under a national standard and mechanisms to ensure consistent application of a national standard in a diverse country.

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