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

Octavia Red, Haley Reed Topline 'My Girlfriend's Sister' From Sweet Sinner

Reigning XMAs Girl/Girl Performer of the Year Octavia Red and Haley Reed headline “My Girlfriend’s Sister,” from Mile High Media studio imprint Sweet Sinner.

Penelope Snaps, Tiffani Time Topline Latest 'Bad Lesbian'

Penelope Snaps and Tiffani Time headline the 22nd volume of "Bad Lesbian," the latest release from Girlfriends Films.

Kasey Kei Stars in Latest From Transfixed

Kasey Kei stars with Reese Rideout and reigning two-time XMAs Trans Performer of the Year Ariel Demure in the latest release from Transfixed.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

Sarah Arabic Fronts 2nd Installment of Digital Playground Western 'The Drifter'

Sarah Arabic stars with multi-XMAs winner Alex Jones in the second installment of Digital Playground’s two-part Western, titled “The Drifter.”

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lilly Bell, Victoria Grant Front Latest From Transfixed

2025 XMAs Girl/Girl Performer of the Year Lilly Bell and Victoria Grant star in the latest release from Transfixed, titled "Telling Her Story."

Yhivi, Chanel Chance Lead Latest From Transfixed

Yhivi and Chanel Chance star in the latest release from Transfixed, titled "An Unexpected Craving."

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Peter Hooke in the latest installment of Kink.com's "Divine Bitches" series, titled “Earning His Freedom.”

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

Show More