596 F. Supp. 261 - Pollitt v. Connick’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... The exception created in paragraph F(l) enables the authorities to take immediate legal action against purveyors of material that the legislature has determined is blatently and presumptively ob scene, without the delays inherent in a pre-arrest adversarial hearing, thereby minimizing public harm. Simultaneously, paragraph F(l) helps to protect the first amendment rights of purveyors of material that is not blatently and presumptively obscene, that may arguably fall within the gray area straddling the border between the obscene and the not obscene, and that may arguably not even be obscene at all. Thus, through paragraph F(l)’s disparate procedural treatment of purveyors of presumptively obscene material and purveyors of material that is not presumptively obscene, the legislature has attempted to achieve a rational balance between protection of the public health, safety and welfare and protection of individual rights ... So long as the legislative classification at issue bears some fair relationship to a legitimate public purpose, as paragraph F(l) clearly does here, this Court is not free to substitute its judgment for that of the legislature. Accordingly, the Court rejects plaintiffs’ contention that LSA-R.S. 14:106F denies them the equal protection of the laws.” (Italics in original). Pollitt, supra, at 267 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Shaheen · 483 So. 2d 1264 - State v. Louisiana Toy Co., Inc.

2. “These decisions establish that the first amendment permits injunctions against the future dissemination of particular items that have previously been judicially determined obscene, but it does not permit blanket injunctions against dissemination of materials not yet judicially determined obscene, regardless of the increased probability, due to the disseminator’s prior track record, that the materials will actually be obscene.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bauer