In re May’s Empirical Analysis

Citation profile

4 federal appellate · 3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The act does not define how near the court the misbehavior must be, nor the character of such misbehavior, and I think it may be fairly construed to extend to any misbehavior by a juror in his capacity as such, wherever committed, since such misbehavior necessarily tends to obstruct the administration of justice.””

   2 later decisions quote this exact passage
   e.g. Kirk v. United States ex rel. Todd · United States v. Toledo Newspaper Co.

2. ““The court is disarmed in relation to the press; it can neither protect itself, or its suitors; libels may be published * * * without stint; the merits of a cause depending for trial or judgment may be discussed at pleasure; anything may be said to jurors through the press, the most willful misrepresentations made of judicial proceedings, and any improper mode of influencing the decisions of causes by out of door influence practiced with impunity. * * * “The press is free, if not set to work in the presence of the court, or so near as to interrupt its business. The law does not prohibit any endeavor made to .influence or intimidate a juror or witness, if corruption, force, or threats are avoided. Papers may be put into their pockets, conversation held with them, newspapers put into their hands, or statements made in relation to any matter in issue while they are actually impaneled. The court may regret and censure the practice, and perhaps admonish the party who thus tampers • with a juror or witness, but can neither punish the offense noi prevent its repetition. The law has tied their hands. The judges must be passive. It is not for them to be the first to set the example of disobedience to the law, or attempt to evade plain enactments. * * * “For the protection of parties, for their security of a fair and impartial trial and decision of their case on the evidence and law which apply to it, to defend them against the efforts of the press or of individuals to excite a prejudi”

   1 later decision quote this exact passage
   e.g. United States v. Toledo Newspaper Co.

3. ““But the statute says that the misbehavior of a person so near thereto as to obstruct the administration of justice may be likewise punished as a contempt of court. If it is a contempt to bribe a witness in front of the court house door, is it not a contempt to ai tempt to do the same thing on the street opposite Hie court building, or four blocks a way? Is not the result the same? Is not the motive ot the accused the same? What difference does it make whether the attempt was made on the ground owned by the United States or at the residence of the witness in the same town four blocks or about one quarter of a mile away from the court building? In one case the misbehavior would he construed to be in the presence of the court, and in the other ‘so near thereto as to obstruct the administration of justice,’ and the statute in clear language is made to apply to both cases.””

   1 later decision quote this exact passage
   e.g. Kirk v. United States ex rel. Todd