State v. Barrett’s Empirical Analysis

Citation profile

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

1. “the trier of fact must find: (1) that the average person, applying contemporary community standards would find that the matter taken as a whole, appeals to the prurient interest, and (2) that the matter depicts, or describes, in a patently offensive way, sexual conduct specifically defined by this Section or authoritatively construed by the courts of this State as being a portrayal of patently offensive sexual conduct as the phrase is used in the definition of obscene, and (3) that the matter taken as a whole, lacks serious literary, artistic, political, educational, or scientific value. (b)”

   1 later decision quote this exact passage
   e.g. Vernon Beigay, Inc. v. Traxler

2. “means any work, material or performance which, taken as a whole, appeals to the prurient interest in sex, which portrays sexual conduct in a patently offensive way, and which, taken as a whole, does not have serious literary, artistic, political, educational or scientific value. In order for any matter to be determined”

   1 later decision quote this exact passage
   e.g. Vernon Beigay, Inc. v. Traxler

3. “[c]ontrary to the argument of counsel, we think that this portion of the definition increases the burden of the government [from the minimal requirements of Miller ] before conviction may be had.”

   1 later decision quote this exact passage
   e.g. Vernon Beigay, Inc. v. Traxler