State v. Backlund’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 27 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “legitimate commerce . . . is derived from the intentional transmission of sexually graphic images to minors for the purpose of luring them into sexual activity”

   3 later decisions quote this exact passage
   e.g. State v. Alangcas · 944 So. 2d 317 - Simmons v. State

2. “difficult to ascertain any legitimate commerce that is derived from the willful transmission of ... sexual communications to a person believed to be a minor in order to willfully lure that person into sexual activity”). We consider these authorities persuasive and conclude that section 18-3-806 does not discriminate against or unduly burden interstate commerce because it regulates the conduct of persons who, through sexually explicit communications sent over the Internet, endanger the welfare of minors. We, like the Foley and Backlund courts, cannot ascertain any legitimate commerce that would be derived from these communications. IIL Constitutionality of Obscenity Statute Next, defendant contends that Colorado's obscenity statute, section 18-7-102(2.5)(a)(I), C.R.S.2010, is unconstitutionally vague. We are not persuaded. Section 18-7-102(2.5)(a)(I) states, "A person commits promotion of obscenity to a minor if, knowing its content and character, such person ... [pJromotes to a minor or possesses with intent to promote to a minor any obscene material.”

   1 later decision quote this exact passage
   e.g. People v. Boles

3. “curtailed] the use of speech in a way which does not merit First Amendment protection.” Id. at 131-32. It does not merit protection because it is”

   1 later decision quote this exact passage
   e.g. Powell's Books, Inc. v. Myers