Pechter v. Lyons’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 1 state decisions

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

1. “‘A fair trial in a fair tribunal is a basic requirement of due process. Fairness of course requires an absence of actual bias in the trial of cases. But our system of law has always endeavored to prevent even the probability of unfairness.’ That we regard an ‘open and public hearing’ to be a fundamental principle of fair play inherent in our judicial process cannot be seriously challenged. The Sixth Amendment requires a public trial in all criminal cases. Rule 77(b) of the Federal Rules of Civil Procedure requires that ‘[a]ll trials upon the merits shall be conducted in open court ... ’ And in administrative hearings, the rule of the “open” forum is prevailing — if not by statutory mandate, then by regulation or practice.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 221 F. Supp. 2d 799 - Haddad v. Ashcroft

2. “This regulation [that deportation proceedings shall be open to the public] is but one of countless manifestations of a public policy centuries old that judicial proceedings, especially those in which the life or liberty of an individual is at stake, should be subject to public scrutiny, not only for the protection of the individual from unwarranted and arbitrary conviction, but also to protect the public from lax prosecution ...”

   1 later decision quote this exact passage · from the majority
   e.g. 195 F. Supp. 2d 937 - Detroit Free Press v. Ashcroft

3. ““The right to a public trial is not only to protect the accused but to protect as much the public’s right to know what goes on when men’s lives and liberty are at stake ... It is important that our citizens be free to observe court proceedings to insure a sense of confidence in the judicial process.””

   1 later decision quote this exact passage · from the majority
   e.g. 195 F. Supp. 2d 937 - Detroit Free Press v. Ashcroft