Wilson v. Simon’s Empirical Analysis

Citation profile

6 federal appellate · 2 district ·

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is a basic distinction between the facts in this case and those in Landry and the cases cited therein, particularly Dombrowski v. Pfister, 380 U.S. 479 , 85 S.Ct. 1116 , 14 L.Ed.2d 22 (1965); Cameron v. Johnson, 381 U.S. 741 , 85 S.Ct. 1751 , 14 L.Ed.2d. 715 (1965) and 390 U.S. 611 , 88 S.Ct. 1335 , 20 L.Ed.2d 182 (1968); and Zwickler v. Koota, 389 U.S. 241 , 88 S.Ct. 391 , 19 L.Ed.2d 444 (1967). In all of those cases the parties seeking injunctive relief were engaged in organized activities relating directly to free speech. There was also an allegation that the prosecution sought to be enjoined was part of an unconstitutional scheme illegally to regulate or otherwise impinge on their freedom of expression. * * * “In prior cases where injunctive relief was granted there was much more at stake than the liberty of a single defendant in a state court proceeding. On the contrary, in those cases there was a strong suggestion that the prosecution carried with it a threat of future arrests of the plaintiffs if they persisted in their First Amendment activities and considerable evidence that the prosecution was intended to have a deterrent effect on others who were engaged in similar activities. These collateral suppressive effects generally weighed more heavily in the court’s consideration than the relatively minor prosecutions which were enjoined.”

   1 later decision quote this exact passage
   e.g. Sheridan v. Garrison

2. “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction or to protect or effectuate its judgments. 3”

   1 later decision quote this exact passage
   e.g. Major v. Ferdon

3. “As flattering as the thought may be, this federal court has no monopoly on virtue.”

   1 later decision quote this exact passage
   e.g. Dade County Classroom Teachers' Ass'n v. Nathan