State v. Burgin’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 16 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I find the Book ‘Mirage’ is a book containing color photographs of completely nude and/or semi-nude females. The semi-nudes only being that of females wearing garter belts, hose or other transparent materials. That the nudes are posed in such positions with legs wide spread that the pubic hair and external part of the genital organs are clearly visible. They are posed in positions sitting, lying, forward, backwards, leaning backwards, standing on their heads, all positions so that the camera would be focused directly upon the genital organs and breasts of the nudes. “In the magazine ‘Togetherness’ I find there are colored photographs of male and female nudes, or semi-nudes. The semi-nudes having only garter belts, hose, and in some instances the males having on trousers with the front portion of the trousers cut out or removed therefrom. Also, in poses directed so that the camera could focus on the genital organs of the males and females in positions with the males and females emphasizing the pubic and rectal regions of the males and females. “The magazine ‘Fair Lady’ also portrays similar color photographs of nude females in similar positions. “In the magazine ‘Flesh Fantasy’ is black and white, and color photographs of females with legs outstretched, completely nude, with females with clothes on undressing each piece of clothing in successive pictures, with the camera focused or ultimately focused completely upon the genital organs of the females.””

   1 later decision quote this exact passage
   e.g. State v. Burgin

2. “(1) Whether these magazines are obscene in the constitutional sense. (2) Whether defendant’s arrest was valid without a prior judicially supervised adversary hearing. (3) Whether Sections 16-414.1 et seq. (1962 Code) are void for vagueness and impermissible overbreadth in violation of the United States Constitution. (4) Whether the defendant may waive jury trial and demand trial by the judge. (5) Whether the indictments were facially invalid for charging multiple offenses in the disjunctive. (6) Whether'the lower court erred in failing to charge the defendant’s requested jury instructions.”

   1 later decision quote this exact passage
   e.g. State v. Burgin

3. ““ ... to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest among which is a shameful or morbid interest in nudity, sex or excretion, and which goes substantially beyond customary limits of candor in description or representation of such matters . . .””

   1 later decision quote this exact passage
   e.g. State v. Watkins