Musser v. Utah’s Empirical Analysis
333 U.S. 95 · 1948
Citation profile
52 federal appellate · 24 district · 151 state decisions
How this case has been cited
Cited by 323 later decisions (57 by the Supreme Court) — most recently February 2023 · most notably United States v. O'Brien (1968), Burton v. Wilmington Parking Authority (1961)
52 federal appellate · 24 district · 151 state decisions — followed in 25 states
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 Stromberg v. People of State of California · Thomas v. Collins · Whitney v. People of State of California · Williams v. State of North Carolina · Bridges v. State of California Times-Mirror 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 323 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Standing by itself, it would seem to be warrant for conviction for agreement to do almost any act which a judge and jury might find at the moment contrary to his or its notions of what was good for health, morals, trade, commerce, justice or order.” Musser v. State of Utah, 333 U.S. 95 , 68 S.Ct. 397, 398 , 92 L.Ed. 562 (1948).”
7 later decisions quote this exact passage · from the majority“[o]ur sole concern with it is to see that no conviction contrary to a valid objection raised under the Fourteenth Amendment is upheld. What the statutes of a State mean, the extent to which any provision may be limited by other Acts or by other parts of the same Act, are questions on which the highest court of the State has the final word. The right to speak this word is one which State courts should jealously maintain and which we should scrupulously observe.”
3 later decisions quote this exact passage · from the majority“to commit any act injurious * * * to public morals”
3 later decisions quote this exact passage · from the dissente.g. State v. Packard · State v. Musser
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.