Carmichael v. Allen’s Empirical Analysis

Citation profile

15 federal appellate · 5 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is hardly necessary to point out the ‘chilling’ effect upon the exercise of the freedom of speech and assembly of a (criminal) statute prescribing punishment * * * if a person, conscientiously seeking to exercise these rights, must pattern his speech with the ever present threat of such * * * sanction [s].””

   2 later decisions quote this exact passage · from the majority
   e.g. University Committee to End the War in Viet Nam v. Gunn · 281 F. Supp. 720 - Heard v. Rizzo

2. “Every person convicted of the crime of an assault with intent to have carnal knowledge of a female child under the age of 14 years, or with intent to rob shall be guilty of a felony and shall be sentenced to confinement in the Maryland Penitentiary for not less than two years or more than ten years; every person convicted of the crime of an assault with intent to murder shall be guilty of a felony and shall be sentenced to confinement in the Maryland Penitentiary for not less than two years nor more than fifteen years; and every person convicted of the crime of an assault with intent to commit a rape shall be guilty of a felony and shall be punished with death, or, in the discretion of the court, he shall be sentenced to confinement in the penitentiary for the period of his natural life, or he shall be sentenced to confinement in the penitentiary for not less than two years nor more than twenty years; provided, however, that the jury before whom any person in-dieted for the crime of an assault with intent to commit a rape shall be tried, if they find such person guilty thereof, may add to their verdict the words “without capital punishment”, in which case the sentence of the court shall not exceed twenty years in the penitentiary and in no case where a jury shall have rendered a verdict in manner and form as hereinbefore prescribed, “without capital punishment”, shall the court in imposing the sentence, sentence the convicted party to pay the death pen-alt.v or to be confined”

   1 later decision quote this exact passage · from the majority
   e.g. 276 F. Supp. 717 - Chester v. Kinnamon

3. “Circulating insurrectionary papers. If any person shall bring, introduce, print, or circulate, or cause to be introduced, circulated, or printed, or aid or assist, or be in any manner instrumental in bringing, introducing, circulating, or printing within this State any paper, pamphlet, circular, or any writing, for the purpose of inciting insurrection, riot, conspiracy, or resistance against the lawful authority of the State, or against the lives of the inhabitants thereof, or any part of them, he shall be punished by confinement in the penitentiary for not less than five nor longer than 20 years.”

   1 later decision quote this exact passage · from the majority
   e.g. Brooks v. Briley