State v. Klapprott’s Empirical Analysis
1941
Citation profile
2 district · 19 state decisions
How this case has been cited
Cited by 30 later decisions (4 by the Supreme Court) — most recently February 1978 · most notably Winters v. People of State of New York (1948), Time, Inc. v. Hill (1967)
2 district · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Near v. State of Minnesota Olson · Schenck v. United States · Whitney v. People of State of California · Nampa Meridian Irr Dist v. Bond · Coxe v. Gulick
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[0]ur inquiry is whether they incited, counseled, promoted or advocated hatred, abuse, violence or hostility. These, as said above, are abstractions. Is it possible to say when ill will becomes hatred or when unworthy, scurrilous or false statements become abuse? As well try to point to a spot within a triangle which is equidistant from every point in the area enclosed as say when hatred takes the place of some lesser emotion. Then these passions or emotions, “hatred,” “hostility,” etc. as well as being abstract, are relative in the individual. There is no norm to judge whether or when such emotion or passion comes into being. It may be entirely subjective in a given case. We do not think such phases of human reaction or emotion can be made a legitimate standard for a penal statute.”
1 later decision quote this exact passagee.g. Gottschalk v. State“In construing a statute strictly regard must be had for all its parts as well as its rigid enforcement.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.