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

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the first feature-length showcase from her new production company.

Brandi Swan Performs 1st Anal in Her Evil Angel Debut

Brandi Swan performs her first anal scene in her Evil Angel debut alongside Mark Wood in "Anal & MILFY #2."

Audrey Bitoni Returns to New Sensations

Audrey Bitoni stars with Nathan Bronson in the latest release from New Sensations.

Brazzers Premieres Ricky Greenwood's Sci-Fi Comedy Feature 'Mega Perv'

Brazzers has released “Mega Perv,” a Los Angeles-based science fiction comedy film from multi-XMAs winner Ricky Greenwood.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers for the inaugural Adult Game Fest convention and trade show have announced the nominees for the event's awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Alice XO, Irish Bull Make Immoral Debuts

Alice XO and 2025 Euro XMA Male Creator of the Year Irish Bull have made their debut for Immoral Productions, alongside John Price and studio honcho “Porno Dan” Leal.

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Chloe Lin Makes Makes Her Adult Debut With TeamSkeet

Chloe Lin has made her adult debut alongside Wendy Raine in the latest release from TeamSkeet.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

Show More