State v. Davidson’s Empirical Analysis

Citation profile

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

1. “Subd. 2(a): It is unlawful for a person, knowing or with reason to know its contents and character, to: (a) exhibit, sell, print, offer to sell, give away, circulate, publish, distribute or attempt to distribute any obscene material. Subd. 1(a): “Obscene” means that the work, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. In order to determine that a work is obscene, the trier of fact must find: (i) that the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest in sex; (ii) that the work depicts sexual conduct specifically defined by clause (b) in a patently offensive manner, and (iii)that the work, taken as a whole, lacks serious literary, artistic, political or scientific value. Subd. 1(b) [defining sexual conduct]: (i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. (ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed or who is nude. (iii) Masturba”

   1 later decision quote this exact passage
   e.g. State v. Davidson