Martin v. Markley’s Empirical Analysis

Citation profile

2 federal appellate · 44 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The next contention of the defendant is that the statements and comments made by her in her letter are privileged communications and that, consequently, the judge was in error in finding that she was responsible to plaintiffs for the damages they allegedly sustained. Defendant's counsel concede, in their oral argument and in brief that the alleged privilege enjoyed by the defendant was not absolute, but of a qualified nature. But, relying upon the well-recognized doctrine of qualified privilege which permits newspapers and the public generally to engage in free discussion of the manner in which public officers discharge their duties and to make fair criticism of, and comment on, their official acts, counsel maintains that the letter is not libelous because it falls squarely within the category of the privilege to which defendant was entitled under the law. In support of this proposition many authorities are cited by counsel, including Addington v. Times Publishing Co., 138 La. 731 , 70 So. 784 ; Egan v. Signal Publishing Co., 140 La. 1069 , 74 So. 556 ; Hall v. Ewing, 140 La. 907 , 74 So. 190 ; Flanagan v. Nicholson Publishing Co., 137 La. 588 , 68 So. 964 , L.R.A. 1918E, 510 ; * * * Law of Journalism, Jones, 1940 Ed., Sections 36 and 37, page 101; The Law of Libel & Slander by Seelman, Section 284(a), page 238; Newell on Libel & Slander, 4th Ed., Section 421, page 445, and 36 Corpus Juris, Section 281, page 1280. "All of the foregoing authorities recognize the doctrine of q”

   1 later decision quote this exact passage
   e.g. 142 So. 2d 462 - Miller, Smith and Champagne v. Capital City Press

2. “"In order to determine the soundness of this proposition, it becomes necessary to decide whether the matter contained in defendant's letter is libelous per se, or whether it is merely libelous per quod. If it is libelous per se, the law presumes that it was false and malicious and plaintiffs' allegation that it was false in whole or in part may be regarded as surplusage. On the other hand, if the writing is actionable per quod, then an allegation respecting falsity and malice is essential and, being essential, it of course follows that the defendant would be entitled to be informed as to what part or parts of the statement are false in order to prepare her defense." (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. Shylock, Inc. v. Covenant Broad. Corp. of La.