271 So. 2d 745 - Firestone v. Time, Inc.’s Empirical Analysis

Citation profile

1 federal appellate · 17 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. “[W]e perceive a clear distinction between mere curiosity, or the undeniably prevalent morbid or prurient intrigue with scandal or with the potentially humorous misfortune of others, on the one hand and real public or general concern on the other. 271 So. 2d at 748 .”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Adoption of HYT · 458 So. 2d 1127 - Wallace v. Smith

2. “"In any case, in this libel action the District Court reversed a judgment in favor of plaintiff-petitioner, concluding that because the petitioner's ex-husband was an heir to the immense Firestone rubber fortune, and because their divorce action itself together with sensational predivorce marital difficulties had received nationwide publicity, the foregoing publication was constitutionally protected under the First Amendment of the United States Constitution as being `an event of great public interest' within the rationale of the so-called `New York Times doctrine.' I " The paramount question we must answer, therefore, is whether the publication herein, under the circumstances of its making, is thus constitutionally protected. If it is, then the New York Times standard does apply, viz., assuming a defamatory falsehood, petitioner must prove, with convincing clarity, actual malice, i.e., knowledge of the falsity or a reckless disregard of whether it was false or not. If not constitutionally protected, and again assuming a defamatory falsehood, then the publication herein renders respondent amenable under the Florida common law on the subject, to-wit: that a published defamatory falsehood which is libelous per se, unless otherwise privileged, is actionable absolutely and no malice need be shown — truth being the only defense." Id. at 747. [emphasis added] [footnotes omitted]”

   2 later decisions quote this exact passage · from the majority
   e.g. Miami Herald Publishing Co. v. Ane · 523 So. 2d 1171 - Mayer v. State

3. “"Respondent argues essentially the same points here, with the exception of the passion and prejudice point, rejected by the District Court. However, we do not decide these points, other than the constitutional one, nor do we concede merit therein. Rather, we deem it more propitious and proper to remand the cause to the District Court which has the entire record before it and is better situated initially to pass on the full merit of the remaining points raised."”

   2 later decisions quote this exact passage · from the majority
   e.g. 305 So. 2d 172 - Firestone v. Time, Inc. · Time, Inc. v. Firestone