No 902’s Empirical Analysis
1970
Citation profile
1 district · 8 state decisions
Relationships
Relies on Roth v. United States · Jacobellis v. Ohio · Ginsberg v. New York · Book Named 'John Cleland's Memoirs of Woman of Pleasure' v. Attorney General of Commonwealth of Massachusetts · Ginzburg v. United States
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The erotic instinct and the apparent desire for sex education are in the ascendency in our society, and in the sensitive area of constitutional adjudication of individual rights we must be careful to distinguish between the arousal of sexual instincts and the perversion of those instincts to morbidity.” United States v. 35 MM. Motion Picture Film, 432 F.2d 705 (1970).”
2 later decisions quote this exact passage · from the concurrence““Since presentation of the sexual matter in this film is not characterized by the forbidden ‘leer of the sensualist,’ (Ginzburg v. United States, 383 U.S. 463, 468 , 86 S.Ct. 942 , 16 L.Ed.2d 31 [1966]), we do not believe the film as a whole can be considered an appeal to prurient interest.””
2 later decisions quote this exact passage · from the concurrence““Regardless of the caliber of the editing, which in many places is rather crude, it cannot be said that the scenes of graphic, explicit physical activity were simply injected into the film with no relation to the theme, for the sociological, medical and physiological discussions which comprise over three-quarters of this film are about precisely what takes place sexually between the partners.” 432 F.2d at 712 .”
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.