Gilmour v. Rogerson’s Empirical Analysis

Citation profile

11 federal appellate · 1 district · 1 state decisions

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[N]ot only is the [government’s] interest in banning the sexual exploitation of children very strong, but the mistake-of-age defense is directly contrary to that interest.... [T]he defense will typically be proved by evidence that the minor was a willing, perhaps deceitful participant in producing pornographic films and photos. The [government] may legitimately protect children from self-destructive decisions reflecting the youthful poor judgment that makes them, in the eyes of the law, beneath the age of consent. One can argue that sexually sophisticated [adolescents] do not need or even do not deserve such protection, but that is a legislative question.”

   2 later decisions quote this exact passage
   e.g. United States v. Ruggiero · State v. Holloway

2. “It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or the simulation of a prohibited sexual act. A person must know, or have reason to know, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved in a negative, slide, book, magazine, computer, computer disk, or other print or visual medium ... or in any other type of storage system.””

   1 later decision quote this exact passage
   e.g. United States v. Malloy

3. “The prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance.”

   1 later decision quote this exact passage
   e.g. State v. Holloway