No 569’s Empirical Analysis
1968
Citation profile
9 district · 30 state decisions
How this case has been cited
Cited by 63 later decisions — most recently May 2013 · most notably 9 Cal. 3d 405 - Crownover v. Musick (1973), State v. Bateman (1976)
9 district · 30 state decisions — followed in 14 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 Roth v. United States · Freedman v. Maryland · Jacobellis v. Ohio · Ginsberg v. New York · 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because of the nature of this medium, sexual scenes in a motion picture may transcend the bounds of constitutional protection long before a frank description of the same scenes in a book or magazine. Cf. Landau v. Fording, 245 Cal.App.2d 820 , 54 Cal.Rptr. 177 (1966), aff'd per curiam, 388 U.S. 456 , 87 S.Ct. 2109 , 18 L.Ed.2d 1317 (1967).”
2 later decisions quote this exact passage · from the majority“`the dominant theme of the material taken as a whole appeals to a prurient interest in sex.'”
2 later decisions quote this exact passage · from the dissent““Under Memoirs a publication cannot be condemned simply because ‘the dominant theme of the material taken as a whole appeals to a prurient interest in sex’ and ‘the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.’ Although these criteria are met, ‘a book cannot be proscribed unless it is found to be utterly without redeeming social value. This is so even though the book is found to possess the requisite prurient appeal and to be patently offensive. Each of the three federal constitutional criteria is to be applied independently: the social value of the book can neither be weighed against nor canceled by its prurient appeal or patent offensiveness.’ ” United States v. A Motion Picture Film, 404 F.2d 196, at 200 .”
1 later decision quote this exact passage · from the dissent
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.