Werbel v. Gernstein’s Empirical Analysis

Citation profile

2 district · 4 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Certainly persons imbued with the principles of the [American Labor] Party would not be actively engaged in an effort having for its ultimate purpose to help a candidate or prospective candidate of the [Democratic] Party. To me the political ideologies of the Democratic and American Labor Parties in Kings County at the present time are so different as to be irreconcilable. In this respect the courts may be presumed to know what everyone else knows and to take judicial notice of matters of common knowledge. I do not see how a person can in honesty embrace both at the same time. To accomplish [their] purpose * * * the respondents could only succeed by capturing unto themselves and their associates the control of the [American Labor] Party * * *. “ The fact that Hyman Gernstein and Dotty Goldsmith enrolled in 1946 as members of the American Labor Party and in 1947 as members of the Democratic Party may have the significance of indicating a change in political loyalties, or, as I believe, to qualify in a participation in a large conspiracy with others, while masquerading as Democrats but in fact being members of the American Labor Party, to capture the organization of the Democratic Party in the Twenty-fourth Assembly District, Kings County, to serve the purpose of assisting candidates of the American Labor Party in general elections. “ The actions of the respondents considered alone may not have a sinister appearance but when considered with the actions of others, the enterpri”

   1 later decision quote this exact passage
   e.g. Zuckman v. Donohue

2. ““ Examination may not be made into the hearts and minds of people to ascertain their thoughts and sympathies. Deceit often indicates that words do not truly disclose true thoughts and sentiments. But actions often belie words. In this case, it is more the actions of the respondents rather than their words which indicate their true political sympathies. “ The respondents are free to exercise all of their franchise rights but where they do so with respect to a political party they must exercise such rights within the political party where by words or deeds they have indicated they are in sympathy.””

   1 later decision quote this exact passage
   e.g. Zuckman v. Donohue