Yohe v. Nugent’s Empirical Analysis
321 F.3d 35 · 2003
Citation profile
9 federal appellate · 21 district · 12 state decisions
How this case has been cited
Cited by 49 later decisions — most recently December 2022 · most notably Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC. (2010), Reilly v. Associated Press (2003)
9 federal appellate · 21 district · 12 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on New York Times Co. v. Sullivan · Milkovich v. Lorain Journal Co. · Hustler Magazine, Inc. v. Falwell · Philadelphia Newspapers, Inc. v. Hepps · Agis v. Howard Johnson Co.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the defamatory statement must “hold the plaintiff up to contempt, hatred, scorn, or ridicule or tend to impair his standing in the community, at least to his discredit in the minds of a considerable and respectable class in the community.” Second, the statement must have been to at least one other individual other than the one defamed. Third, where the speech is a matter of public concern, a defamation plaintiff must prove not only that the statements were defamatory, but also that they were false. Finally, the plaintiff must show that he suffered special damages and must set forth these damages specifically-”
1 later decision quote this exact passage · from the majority“(1) the public has a right to know of official government actions that affect the public interest, (2) the only practical way many citizens can learn of these actions is through a report by the news media, and (3) the only way news outlets would be willing to make such a report is if they are free from liability, provided that their report was fair and accurate.”
1 later decision quote this exact passage · from the majority“[a] statement is considered a fair report if its `gist' or `sting' is true, that is, if it produces the same effect on the mind of the recipient which the precise truth would have produced.”
1 later decision quote this exact passage · from the majority
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.