Davis v. Mitan (In Re Davis)’s Empirical Analysis
2006
Citation profile
3 federal appellate · 4 state decisions
Relationships
Applies 11 U.S.C. § 1322 · 28 U.S.C. § 158
Relies on New York Times Co. v. Sullivan · Near v. State of Minnesota Olson · Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations · Groves v. Ring Screw Works · Downs v. Cooper /
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Davises do not object to the order compelling them to remove all reference to Frank Mitán so much as they object to the enjoining of their entire website for the duration of their Chapter 13 plan, a period that could be as long as five years. 11 U.S.C. § 1322 . The court agrees that the scope of this injunction is overly broad. While Frank Mitán may be entitled to injunctive relief to protect him from future defamation, this relief does not require the Davises’ complete silence over a multi-year period. Although the Bankruptcy Court’s description of the website as a “scandal sheet” may be apt, there has been no finding that it is defamatory with regard to anybody but Frank. On remand, the Bankruptcy Court is to reconsider the scope of its injunction. To the extent that Frank still requires protection from defamation, the Court is to craft a solution that provides that protection without unduly trampling on the Davises’ right to publish.”
1 later decision quote this exact passage · from the majority“[t]he freedom of speech is not an absolute right, and a court may use its equitable power to protect an entity from defamatory speech where there is no adequate remedy at law.”
1 later decision quote this exact passage · from the majority“where substantive material is added to a website, and that material is related to defamatory material that is already posted, a republication has occurred.”
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.