Kupps: What Is ‘Community’ in Web Obscenity Case?

LAKE WALES, Fla. — Kimberly Kupps, indicted on local obscenity charges for content distributed over the web, has asked a Florida judge through her attorney to determine the geographic scope of the“community” as applied to her charges, XBIZ has learned.

“We hope to build on the foundation laid in the Kilbride case from the 9th U.S. Circuit Court of Appeals, which requires the application of national community standards in Internet obscenity cases,” Kupps’ attorney, Lawrence G. Walters, told XBIZ Wednesday night.

“We hope for a similar ruling in this case, particularly given the instantaneous delivery of news and information to individuals throughout the country, on their mobile devices and laptops.”

In U.S. vs. Kilbride (584 F.3d 1240 (2009)), a three-judge 9th Circuit panel weighed a joint appeal of the first convictions for Internet obscenity not involving child pornography and the first convictions ever under the federal CAN-SPAM Act.

The appellants’ arguments focused on a jury instruction that allowed a jury in Arizona to convict Schaffer and Kilbride of obscenity based on lay witness testimony as to community standards existing in places all over the U.S.

In appeal, the court agreed with Kilbride and another defendant’s contention that a national standard is more appropriate for Internet communications and that the lower court failed to instruct the jury to that standard.

Kupps, whose legal name is Theresa Taylor, was charged with six felonies for violating the distribution  and sale of obscene material and one for the wholesale promotion of obscene material for content on her namesake site, KimberlyKupps.com.

The Polk County Sheriffs Department had been investigating the big-boobs model and performer for three months after a deputy paid an initial $19.95 membership fee to her website.

Later, Florida Judge Reinaldo Ojeda reviewed Kimberly Kupps clips and signed off on arrest warrants after he deemed the content obscene.

After Kupps was arrested, the Polk County, Fla., sheriff — Grady Judd — declared war on the production and distribution of porn in his county.

“We want a wholesome community here, we don’t want smut peddlers,” Judd said, “and if they try to peddle their smut from Polk County or into Polk County we’ll be on them like a cheap suit.”

Walters said that times have changed when it comes to charging and prosecuting obscenity cases relative to content posted on the web and that a national community standard is appropriate.

“In the digital age, we all learn of current events, and receive the same information, at virtually the same time as evidenced by events like the viral circulation of risque pictures of former U.S. Representative Anthony Weiner, and news of the recent horrific shooting in Norway,” he said. “It doesn’t matter where the event occurs, the world learns about it immediately.

“So the idea of a quaint, isolated community that can claim that it maintains a different level of tolerance relating to controversial speech, is as outdated as rabbit ear TV sets. We have more in common with our online friends than with the random people who happen to inhabit the same section of Earth where our homes are located.”

Information on the legal defense fund for Kupps can be viewed here.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cherie DeVille Stars in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with Mike Ox in the latest Brazzers scene, titled “Trespassing Her Yard.”

Natasha Nice Headlines 'Cheating With My Wife 3' From Sweet Sinner

Natasha Nice headlines "Cheating With My Wife 3," the latest release from Mile High Media studio brand Sweet Sinner.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Kylie Rocket Leads Dorcel's 'Couture No. 4'

Kylie Rocket headlines the latest release from Dorcel, titled “Couture No. 4.”

Anna de Ville Toplines Latest 'Desperate Anal MILFs' From David Perry

Anna de Ville headlines the seventh volume of director David Perry's "Desperate Anal MILFs," now available from Evil Angel.

Alexa Leigh Makes Her WIFEY Debut

Alexa Leigh stars with her husband Keith and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Show More