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← 64 So. 2d 166 - Smith v. Ervin

64 So. 2d 166 - Smith v. Ervin’s Empirical Analysis

1953

Citation profile

14
cited by 14 later decisions
1
states following
September 1989
most recently cited

1 federal appellate · 13 state decisions

How this case has been cited

Cited by 14 later decisions — most recently September 1989

1 federal appellate · 13 state decisions

501953196019701980decided

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 National Broadcasting Co. v. United States · Legal Tender Cases Knox v. Lee Parker · McAuliffe v. Mayor and Board of Aldermen · Juilliard v. Greenman · The Fisheries Products Company, Receivers of the Fisheries Products Company v. Abraham S. See & Depew, Inc.

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

  1. “"The learned Chancellor who heard and decided this case wrote an able opinion. Pertinent portions of the opinion are: "`This case involves the constitutionality of a part of what has come to be known as The Election Code, which was enacted as Chapter 26870, the laws of Florida 1951, the codification of which is Section 99.161, which is a section dealing with contributions to candidates, expenditure of campaign funds, and the filing of reports in relation thereto. Subsections (4)(a) and (7) of Section 99.161 are as follows: "`"(4) Campaign Treasurer in Charge of Funds: Time Limit. — "`"(a) No contribution or expenditure of money or other thing of value, nor obligation therefor, shall be made, received, or incurred, directly or indirectly, in furtherance of the candidacy of any candidate for political office in the State of Florida except through the duly appointed campaign treasurer or deputy campaign treasurers of the candidate. * * * * * * "`"(7) Written Authorization of Expenditure Required. — "`"No expenses shall be incurred by any candidate for election or nomination to political office, or by any person, corporation, or association in his behalf, or in furtherance or aid of his candidacy, unless prior to the incurring of the expense a written order shall be made in and upon the form prescribed, and signed by the campaign treasurer of the candidate authorizing the expenditure, and no money shall be withdrawn or paid by any campaign depository from any campaign fund accoun”
    1 later decision quote this exact passage
  2. “`Otherwise, how could the elector ever tell who was behind this candidate or that; and the Legislature chose the only way by which the contributions to campaigns could be policed and become the knowledge of any man who would take the trouble to go to the state agency where the reports are assembled. There would be little use in the balance of the act prohibiting the contributions from race track owners, dog track owners, public utilities, and other interests considered undesirable proponents of a candidate in Florida unless the Legislature devised a way by which it could be ascertained by the people as to who were supporting and putting up the money for the candidate.'”
    1 later decision quote this exact passage
  3. “"(b) No person holding a license for the sale of intoxicating beverages, nor any member of an unincorporated association holding such a license, nor any officer or director of a corporation holding such a license, shall make, directly or indirectly, any contribution of any nature to any political party or to any candidate for nomination for, or election to, any political office in the state; provided however that these prohibitions shall not apply to members of country clubs, fraternal, social, and cultural organizations. " (e.s) F.S. Sec. 99.161(1) (b), F.S.A.”
    1 later decision quote this exact passage

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.