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← 33 NY2D 314 - People v. Heller

People v. Heller’s Empirical Analysis

1973

Citation profile

53
cited by 53 later decisions
2
cited 2 times by the Supreme Court
11
states following
May 2006
most recently cited

8 federal appellate · 3 district · 31 state decisions

How this case has been cited

Cited by 53 later decisions (2 by the Supreme Court) — most recently May 2006 · most notably Farrell v. Burke (2006), 16 Cal. 3d 71 - Bloom v. Municipal Court (1976)

8 federal appellate · 3 district · 31 state decisions — followed in 11 states

3901973198019902000decided

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 Roth v. United States · Miller v. California · Papachristou v. City of Jacksonville · Bouie v. City of Columbia · Paris Adult Theatre I v. Slaton

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

  1. ““Any material or performance is ‘obscene’ if (a) considered as a whole, its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism, and (b) it goes substantially beyond customary limits of candor in describing or representing such matters, and (c) it is utterly without redeeming social value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.””
    2 later decisions quote this exact passage · from the majority
  2. ““Hard core pornography consists of ‘patently offensive representation or descriptions of ultimate sex acts, normal or perverted, actual or simulated [and/or] patently offensive representation or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.’ ” 33 N.Y.2d at 328 , 352 N.Y.S.2d at 612 , 307 N.E.2d at 813 , quoting from 413 U.S. at 25 .”
    2 later decisions quote this exact passage
  3. “1. The district attorney of any county, the chief executive officer of any city, town or village or the corporation counsel, or if there be none, the chief legal officer of any city, town, or village, in which a person, firm or corporation publishes, sells or distributes or displays or is about to sell or distribute or display or lias in his possession with intent to sell or display or distribute or is about to acquire possession with intent to sell, display or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, motion picture, drawing, photograph, figure, image or any written or printed matter of an indecent character, which is obscene, lewd, lascivious, filthy, indecent or disgusting, or which contains an article or instrument of indecent or immoral use or purports to be for indecent or immoral use or purpose ; or in any other respect defined in section 235.00 of the penal law, may maintain an action for an injunction against such person, firm or corporation in the supreme court to prevent the sale or further sale or the distribution or further distribution or the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, motion picture, drawing, photograph, figure or image or any written or printed matter of an indecent character, herein described or described in section 235.00 of the penal law. 2. The person, firm or corporation sought to be enjoined shal”
    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.