Boehner v. McDermott’s Empirical Analysis
484 F.3d 573 · 2007
Citation profile
3 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 15 later decisions — most recently February 2023
3 federal appellate · 6 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Seattle Times Co. v. Rhinehart · Reno v. American Civil Liberties Union · Hustler Magazine, Inc. v. Falwell · Zacchini v. Scripps-Howard Broadcasting Co. · Gentile v. State Bar of Nev.
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 Supreme Court has decided the first issue of this case, that is, whether the United States (or Florida) can constitutionally bar the publication of information originally obtained by unlawful interception but otherwise lawfully received by the communicator, in the negative. We venture to say that an opposite rule would be fraught with danger. Just as Representative McDermott knew that the information had been unlawfully intercepted, so did the newspapers to whom he passed the information. Representative Boehner has suggested no distinction between the constitutionality of regulating communication of the contents of the tape by McDermott or by The Washington Post or The New York Times or any other media resource. For that matter, every reader of the information in the newspapers also learned that it had been obtained by unlawful intercept.”
1 later decision quote this exact passage · from the concurrence“The Supreme Court [has] underlined the lack of constitutional significance of the communicator's knowledge that the interception had been unlawfully conducted.”
1 later decision quote this exact passage · from the dissent“We ... accept the Ethics Committee's interpretation of the rules as applied to this case, and thereby eliminate the concerns mentioned in Rostenkowski .”
1 later decision quote this exact passage · from the concurrencee.g. Barker v. Conroy
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.