Mishkin v. State of New York’s Empirical Analysis
1966
Citation profile
180 federal appellate · 26 district · 357 state decisions
How this case has been cited
Cited by 851 later decisions (88 by the Supreme Court) — most recently June 2023 · most notably Abbott Laboratories v. Gardner (1967), Hamling v. United States (1974)
180 federal appellate · 26 district · 357 state decisions — followed in 35 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
Applies 28 U.S.C. § 1257 · 28 U.S.C. § 2103
Relies on Roth v. United States · Screws v. United States · Speiser v. Randall · Smith v. People of the State of California · American Communications Ass'n v. Douds
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 851 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the material is designed for and primarily disseminated to a clearly defined deviant sexual group, rather than the public at large, the prurient-appeal requirement ... is satisfied if the dominant theme of the material taken as a whole appeals to the prurient interest in sex of the members of that group”). 65 . Lanning also indicated that, in communicating with one another, pedophiles often employ the term, “nude studies” — a phrase repeated in Cross’s letters — as a “code word,”
19 later decisions quote this exact passage · from the majority“John Cleland's Memoirs of a Woman of Pleasure”
8 later decisions quote this exact passage · from the concurrence“[t]he Constitution requires proof of scienter to avoid the hazard of self-censorship of constitutionally protected material”
4 later decisions 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.