In Goodin v. United States, 2010 U.S. Dist. LEXIS 36807 (C.D. Cal., No. CR 06-0186-CAS,CV 09-5840-CAS, Mar. 17, 2010) the defendant was charged with a violation of 18 USC 1037 and the jurors were instructed as follows:
An e-mail message is ‘commercial’ if the primary purpose of the message was the commercial advertisement or promotion of a product or service or is related to a product or service including content on an Internet website operated for a commercial purpose. Further, an e-mail is commercial if a recipient reasonably interpreting the subject line or body of the e-mail would likely conclude that the message is a commercial advertisement or promotion of a commercial product or service or is related to a product or service. [Emphasis added.]
The reviewing court held that the "related to" language in the jury instruction improperly expanded the scope of the statue.
For subscription based briefing and sample instructions on this and related issues see:
Forecite National™
Chapter 296: Standards of Review And Prejudice On Appeal
Forecite California™
PG X(E) - Helpful Rules And Standards For Showing Prejudice
