Trimble v. Johnston’s Empirical Analysis
1959
Citation profile
4 federal appellate · 9 district · 9 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2011 · most notably National Treasury Employees Union v. Nixon (1974), Ottaway Newspapers, Inc. v. Appeals Court (1977)
4 federal appellate · 9 district · 9 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
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)
Relies on Youngstown Sheet & Tube Co. v. Sawyer · Near v. State of Minnesota Olson · Times-Picayune Pub Co v. United States · Grosjean v. American Press Co. · Joseph Burstyn, Inc. v. Wilson
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ Freedom of the press is, of course, one of the basic elements of the Anglo-American concept of ordered liberty. It is considered of such vital importance that it is expressly protected by the First Amendment to the Constitution as against infraction by Federal Law, and is safeguarded by the due process clause of the Fourteenth Amendment, as against interference or transgression by the States. To discuss freedom of the press at length would be superfluous, for we have reached a stage in our development at which we take it for granted. * * * ‘1 Freedom, of the press comprehends a right to print and publish and to disseminate, circulate, and distribute matters that have been printed, without prior restraint, without license, without censorship, and without discriminatory taxation, but subject to the consequences of the law of libel and to the criminal penalties imposed by such laws, as those that ban obscenity, fraud, incitement to crime, espionage and the like, or that protect the needs of national defense and security. The press is not liberated, however from amenability to law generally. ® * * the liberty of the press does not include any legal right of securing assistance from public officials in procuring information that it is desired to print. It does not comprise any alleged right of access to material not available to others, any more than it would include the privilege of attending closed meetings at which news of interest might possibly be gathered.’ ’ (Emphasis sup”
2 later decisions quote this exact passage · from the majority““ * * -* while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint.” -****-*■ * “Courts are not the only agency of government that must be assumed to have capacity to govern.””
2 later decisions quote this exact passage · from the majority““The interference of the courts with the performance of the ordinary duties of the executive departments of the government, would be productive of nothing but mischief; and we are quite satisfied, that such a power was never intended to be given to them.””
2 later decisions quote this exact passage · from the majority
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.