Wasserman v. Time, Inc.’s Empirical Analysis
424 F.2d 920 · 1970
Citation profile
34 federal appellate · 8 district · 24 state decisions
Relationships
Relies on New York Times Co. v. Sullivan · Jackson v. Denno · Speiser v. Randall · Rosenblatt v. Baer · Royal Netherlands Steamship Co. v. Strachan Shipping 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he trial court at the close of the plaintiff’s case must decide whether actual malice has been shown with ‘convincing clarity.’ In making this judgment the court will judge the credibility of the witnesses and draw its own inferences from the evidence. If the trial is permitted to proceed, the court will be called upon again to make a judgment on the actual malice issue at the close of all of the evidence. If the motion for a directed verdict at this stage of the trial is denied, the actual malice issue, along with the other issues, is then submitted to the jury under the Times instruction without any indication from the court or counsel that the court has decided that the evidence shows actual malice with ‘convincing clarity.’ This two-step procedure in which both the trial judge and the jury must find actual malice before there can be judgment for the plaintiff provides the protection of the First Amendment freedom that Times sought to make secure in areas of public concern”.”
12 later decisions quote this exact passage · from the majority“Such a course will both lessen the possibility that a jury will use the cloak of a general verdict to punish unpopular ideas or speakers, and assure an appellate court the records and findings required for review of constitutional decisions. Id., at 88 n. 15, 86 S.Ct. at 677 .”
1 later decision quote this exact passage · from the majority“as is the case with questions of privilege generally, ... is for the trial judge in the first instance.”
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.