Smith and Brown v. State’s Empirical Analysis

Citation profile

12 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. ““No one would seriously contend that force and violence, or intimidation and coercion, due thereto, are within the pale of constitutional protection. And the power to prohibit their exercise is within the police power of the state, acting through its legislature. ‘The state’, said Judge Hart, in Huff v. State, 164 Ark. 211 , 261 S. W. 654 , ‘has the power to determine what acts committed within its limits shall be deemed criminal. Having done so here, and having classified the offense here denounced as a felony, it cannot be said to be an arbitrary or an unreasonable one when considered in connection with the public good it seeks to protect. There is here no question of a labor dispute or of the right of peaceful picketing, but even picketing when accompanied by force, violence, intimidation or coercion cannot find any protection under the constitutional guaranties of freedom of speech and freedom of the press. Local Union 313 v. Stathakis, 135 Ark. 86 , 205 S. W. 450 , 6 A. L. R. 894; Riggs v. Tucker Duck & Rubber Co., 196 Ark. 571 , 119 S. W. 2d 507 ; Milk Wagon Drivers’ Union v. Meadowmoor Dairies, 312 U. S. 287 , 61 Sup. Ct. 552, 86 L. Ed. 836 , 132 A. L. R. 1200. In the last mentioned case, it was said: ‘Freedom of speech and freedom of the press cannot be too often invoked as basic to our scheme of society. But these liberties will not be advanced or even maintained by denying to the states with all their resources, including the instrumentality of their courts, the pow”

   1 later decision quote this exact passage
   e.g. Cole and Jones v. State