Masses Pub. Co. v. Patten’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whoever, when the United States is at war * * * shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.””

   2 later decisions quote this exact passage · from the majority
   e.g. Pierce v. United States · United States v. American Socialist Soc.

2. ““In his Commentaries on the Laws of England Mr. Justice Blackstone in speaking of the liberty of the press declares that it is ‘essential to the nature of a free state.’ It consists, he says, ‘in laying no previous restraint upon publications, and not in freedom from censure for criminal matter when published. Every free man has an undoubted right to lay what sentiments he pleases before the public; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.’ Volume 4, p. 151. And Mr. Justice Story, in his Commentaries on the Constitution, states that ‘every free man has an undoubted right to lay what sentiments ho pleases before the public ; to forbid this is to destroy the freedom of the press.’ Volume 2, sec. 1884 (4th Ed.). “In Patterson v. Colorado, 205 U. S. 454 , 462, 27 S. Ct. 556 , 558, 51 L. Ed. 879 , 10 Ann. Cas. 689 (1907), the court, speaking through Mr. Justice Holmes, declares that the main purpose of the constitutional provision as to free press is ‘to prevent all such previous “restraints” upon publications as had been practiced by other governments,’ and they do ‘not prevent the subsequent punishment of such as may be deemed contrary to the public welfare.’ Now clearly the Espionage Act imposes no restraint prior to publication, and no restraint afterwards, except as it restricts circulation through the mails. Liberty of circulating may be essential to freedom of the press, but liberty of circulating throu”

   1 later decision quote this exact passage · from the majority
   e.g. Gitlow v. Kiely

3. “Whoever, when-the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies”

   1 later decision quote this exact passage · from the majority
   e.g. Pierce v. United States