Larson v. Cox’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The contention of counsel for plaintiff is that the truth is unavailing unless it was uttered Avitli a good motive and for a proper purpose. His argument is grounded altogether upon the provision of the constitution which declares that fin all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.5 Constitution, art. I, sec. 5. The provision here quoted is a substitute for section 3, article I of the constitution of 1866, which was an almost literal copy of a New York statute adopted soon after the trial of the celebrated case in which CrosAArell was convicted of publishing a libel on Thomas Jefferson. People v. Croswell, 3 Johns. Cas. (N. Y.) 336. This statute Avas intended to secure and safeguard the freedom of the press, and is now fundamental law in many of the states. It was a modification of the doctrine of the common laAV that, in public prosecution for libel, the truth of the libel is no excuse for its publication. When considered in the light of history, there is much reason to suppose that the constitutional provision upon Avhich plaintiff relies was designed as a sure and permanent protection, both in civil and criminal actions, to persons who have occasion, in the discharge of some legal, social or moral duty, to write and publish criticisms on the character and conduct of others, and that it was not any part of its purpose to take away from the defendant in a libel case any ”

   1 later decision quote this exact passage
   e.g. Razee v. State