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← 367 F.2d 889 - No 286

No 286’s Empirical Analysis

1966

Citation profile

25
cited by 25 later decisions
3
states following
April 1974
most recently cited

1 federal appellate · 4 district · 3 state decisions

Relationships

Relies on Roth v. United States · Freedman v. Maryland · Bantam Books, Inc. v. Sullivan · Jacobellis v. Ohio · Book Named 'John Cleland's Memoirs of Woman of Pleasure' v. Attorney General of Commonwealth of Massachusetts

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

  1. “I [Judge MOORE] personally found `491' repulsive and revolting.. . . Were I to be vested with dictatorial powers, I would ban and destroy the trash (in my opinion) which infests the news kiosks and the movie theatres in certain areas of New York City. I would do all this in the vainglorious belief that I was acting as a Beneficent Tyrant for the good of all Mankind. But the very utterance of these thoughts is more than sufficient reason to shy away from censorship except in extreme cases. If we are to survive, we should probably survive on the Darwinian theory which should include the ability to cope with our current books, stage and cinema.”
    2 later decisions quote this exact passage · from the concurrence
  2. “The only restraint contemplated by Section 305 is that reasonably necessary intelligently to select material for judicial review and reasonably necessary for a sound judicial resolution of the obscenity question. Nothing in the section precludes a prompt final judicial determination of obscenity. Indeed, the section is designed to avoid unnecessary delay at both the administrative and judicial stages of the proceedings.”
    1 later decision quote this exact passage · from the concurrence
  3. ““Though the theme of the film is patently offensive to me and some of the shots would surely be beyond the limits of permissible candor if standards today were the standards of the less sophisticated era and area into which I was born and wherein I was reared, I agree that it cannot now be said that the standards of taste we would like are the standards of taste under which we now live.” (p. 905).”
    1 later decision quote this exact passage · from the concurrence

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.