People v. Kirkpatrick’s Empirical Analysis
1973
Citation profile
8 federal appellate · 19 state decisions
How this case has been cited
Cited by 37 later decisions (2 by the Supreme Court) — most recently October 2010 · most notably Red Bluff Drive-In, Inc. v. Vance (1981), Davis v. State (1983)
8 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Leary v. United States · Gibbons v. Ogden · Speiser v. Randall · Turner v. United States · Smith v. People of the State of California
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trouble with this procedural tactic is that it does not come to grips with the problem of self-censorship raised in the Smith case, namely, that the bookseller will tend to limit his stock to books [in this instance, films] which he has read [or viewed] and can guarantee.”
1 later decision quote this exact passagee.g. Davis v. State“Eyewitness testimony of a bookseller’s perusal of a book hardly need be a necessary element in proving his awareness of its contents. The circumstances may warrant the inference that he was aware of what a book contained, despite his denial.”
1 later decision quote this exact passagee.g. Moses v. State“A person who promotes or wholesale promotes obscene material or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character.”
1 later decision quote this exact passagee.g. Davis v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.