Miller v. Transamerican Press, Inc.’s Empirical Analysis
621 F.2d 721 · 1980
Citation profile
45 federal appellate · 16 district · 32 state decisions
How this case has been cited
Cited by 145 later decisions (1 by the Supreme Court) — most recently March 2024 · most notably Transamerican Press, Inc. v. Miller (1981), United States v. Caporale (1986)
45 federal appellate · 16 district · 32 state decisions — followed in 18 states
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
Applies 28 U.S.C. § 1292
Relies on New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · Branzburg v. Hayes · St. Amant v. Thompson · Curtis Publishing Co. v. Butts
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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order for the plaintiffs to recover damages, therefore, they were required to prove by clear and convincing evidence that the defendants acted with actual malice as defined in New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964) and its progeny. See Curtis Publishing Company v. Butts, 388 U.S. 130, 155 , 87 S.Ct. 1975, 1991 , 18 L.Ed.2d 1094, 1111 (1967). A publisher acts with actual malice when he prints a story with knowledge that it is false or with reckless disregard for the truth. Gertz v. Robert Welch, Inc., 418 U.S. 323, 342 , 94 S.Ct. 2997, 3008 , 41 L.Ed.2d 789, 806 (1974); St. Amant v. Thompson, 390 U.S. 727, 731 , 88 S.Ct. 1323, 1325 , 20 L.Ed.2d 262, 267 (1968).””
1 later decision quote this exact passage · from the majority“there is a more apparent interest in protecting the confidentiality of journalists' sources in libel cases than in grand jury proceedings ... [because] the prosecutor ha[s] an interest in keeping the informant's identify secret in order to protect him from reprisal”
1 later decision quote this exact passage · from the majority“a reporter has a First Amendment privilege which protects the refusal to disclose the identity of confidential informants, however, the privilege is not absolute and in a libel case as is here presented, the privilege must yield.”
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.