Kutcher v. Post Printing Co.’s Empirical Analysis

Citation profile

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

1. ““In Newell on Slander and Libel (2nd Ed.) 37, after giving a large number of definitions of libel, the author says: ‘In conclusion, it may be said that any publication, expressed either by printing or writing or by signs, pictures or effigies or the like, which tend to injure one’s reputation in the common estimation of mankind, to throw contumely, shame or disgrace upon him, or which tends to hold him up to scorn, ridicule or contempt, or which is calculated to render him infamous, odious or ridiculous, is prima facie- a libel, and implies malice in its publication. ’ And in 25 Cyc. 346, the rule is stated and supported by a long line of decisions, that ‘any language, whether spoken or written, imputing want of integrity, a lack of due qualification, or a dereliction of duty to an officer or employee is actionable per se.’ To the same effect, see 18 A. & E. Enc. Law (2nd Ed.) 949.””

   1 later decision quote this exact passage
   e.g. Samuelson v. Tribune