Shoen’s Empirical Analysis

Citation profile

3 district · 10 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here information sought is not confidential, a civil litigant is entitled to requested discovery notwithstanding a valid assertion of the journalist's privilege by a nonparty only upon a showing that the requested material is: (1) unavailable despite exhaustion of all reasonable alternative sources; (2) noncumulative; and (3) clearly relevant to an important issue in the case.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Diaz v. Eighth Judicial District Court of Nevada · 196 Wis. 2d 182 - Kurzynski v. Spaeth

2. “Rooted in the First Amendment, the privilege is a recognition that society’s interest in protecting the integrity of the newsgath-ering process, and in ensuring the free flow of information to the public, is an interest of sufficient social importance to justify some incidental sacrifice of sources of facts needed in the administration of justice.”

   3 later decisions quote this exact passage · from the majority
   e.g. Neal v. City of Harvey · 385 F. Supp. 2d 1038 - Wright v. Federal Bureau of Investigation

3. ““Leonard Shoen was neither a confidential source nor did he insist that the details of his discussions with Watkins not be disclosed. No circuit has adopted an explicit test applicable where the information sought from a journalist is not confidential. Instead, the cases setting forth tests for determining whether the needs of a civil litigant should prevail over the privilege involve confidential informants. The Second Circuit, for example, applies the following conjunctive test for determining whether a journalist must disclose a confidential source in a civil case: disclosure may be ordered only upon a clear and specific showing that the information is: highly material and relevant, necessary or critical to the maintenance of the claim, and not obtainable from other available sources.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. In re Stratosphere Corp. Securities Litigation · 289 F. Supp. 2d 1175 - Condit v. National Enquirer, Inc.