United States v. Moore’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The alleged obscene and indecent matter consisted of advertisements by women, soliciting or offering inducements for the visits of men, usually ‘refined gentlemen,’ to their rooms, sometimes under the disguise of ‘Baths’ and ‘Massage,’ and often for the mere purpose of acquaintance. It was in this connection that the court charged the jury that, if the publications were such, as were calculated to deprave the morals, they were within the statute. There could have been no possible misapprehension on their part as to what was meant. There was no question as to depraving the morals in any other direction than that of impure, sexual relations. The words were used by the court in their ordinary signification, and were made more definite by the context, and by the character of the publications which had been put in evidence. The court left to the jury to say whether it was within the statute, and whether persons of ordinary intelligence would have any difficulty in divining the intention of the advertiser. We have no doubt that the finding of the jury was correct-upon this point.””

   1 later decision quote this exact passage · from the majority
   e.g. Parish v. United States

2. ““ * *. * In either case the question of violation of the statute rests upon the import and presumed motive, and not upon the mere terms of the communication. Thus its- tendency depends upon circumstances, and unexceptionable language may convey vicious information within the statute. * * In the case of a private .letter (sealed) there is no publication, * * * and no presumption arises of intention to give publicity, or that it wlil be read by other's than the addressee.. The language or communication may be free from the condemnation of the statute in one instance, while it would clearly fall within it when addressed to other persons. So the inquiry as to the tendency oi' the letter must be narrowed to its liability to corrupt the addressee. * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. Parish v. United States

3. ““In short, it was a seductive letter—as much so as if the writer had employed broader and balder indecent expressions for bringing about adulterous intercourse with this woman. At all events, it certainly is a question for the jury to pass upon, under proper instructions from the court.” '”

   1 later decision quote this exact passage · from the majority
   e.g. Parish v. United States