616 F. Supp. 2d 1195 - Babb v. Eagleton’s Empirical Analysis
2007
Citation profile
1 district · 3 state decisions
Relationships
Applies 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2511 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2520 (Electronic Communications Privacy Act of 1986)
Relies on Conley v. Gibson · Scheuer v. Rhodes · Swierkiewicz v. Sorema N. A. · Conway v. Statesman Mortgage Co. · Esparsen v. United States
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'We cannot attribute to Congress the intent to subject parents to criminal and civil penalties for recording their minor child's phone conversations out of concern for that child's well-being.' " ( Id. at p. 610.) Noting the Thompson court's emphasis on the young ages of the children there, the Pollock court nevertheless applied the doctrine to facts involving a 14-year-old child whose own view of the matter differed from that of the mother who surreptitiously recorded her conversations with her father and stepmother. ( Pollock, supra , at pp. 604-605, 608, 610.) "It would be problematic ... for [us] to attempt to limit the application of the doctrine to children of a certain age, as not all children develop emotionally and intellectually on the same timetable, and we decline to do so,”
1 later decision quote this exact passage · from the majority“It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.”
1 later decision quote this exact passage · from the majority“unique legal question of first impression on the authority of a guardian to vicariously consent to the taping of phone conversations on behalf of minor children who are both incapable of consenting and who cannot consent in fact”). The”
1 later decision quote this exact passage · from the majority
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.