Bentkowski v. Scene Magazine’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “determine whether the allegedly defamatory statement has a precise meaning and thus is likely to give rise to clear factual implications.”

   3 later decisions quote this exact passage · from the majority
   e.g. Boulger v. Woods · Croce v. N.Y. Times Co.

2. “[T]he language surrounding the averred defamatory remarks may place the reasonable reader on notice that what is being read is the opinion of the writer.”

   2 later decisions quote this exact passage · from the majority
   e.g. Boulger v. Woods · Boulger v. Woods

3. “[t]o determine whether a statement constitutes protected opinion or actionable fact”

   2 later decisions quote this exact passage · from the majority
   e.g. Boulger v. Woods · Croce v. N.Y. Times Co.