Tralins v. Gerstein’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * The test of obscenity is whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest, that is to say, arouses lascivious or lustful thoughts. Roth v. United States, supra [ 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 ]; Rachleff v. Mahon, supra [Fla.App., 124 So.2d 878 ]; see also § 847.011, supra. It is for the trier of the facts to determine the contemporary community standards by which obscenity should be measured and, applying these standards and the test set forth above, to determine whether or not a given publication is in fact obscene. Gerstein v. `Pleasure Was My Business,' Fla.App. 1961, 136 So.2d 8 ; Rachleff v. Mahon, supra; State v. Clein, Fla. 1957, 93 So.2d 876 . An appellate court will not substitute its judgment on these questions for that of the trier of fact absent a compelling reason to do so apparent in the record. See Rachleff v. Mahon, supra."”

   1 later decision quote this exact passage
   e.g. 156 So. 2d 537 - Grove Press, Inc. v. State Ex Rel. Gerstein