69 Cal. 2d 563 - In Re Giannini’s Empirical Analysis
1968
Citation profile
26 federal appellate · 5 district · 215 state decisions
How this case has been cited
Cited by 276 later decisions (3 by the Supreme Court) — most recently February 2010 · most notably California v. LaRue (1973), 25 Cal. 3d 238 - Pryor v. Municipal Court (1979)
26 federal appellate · 5 district · 215 state decisions — followed in 21 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
Relies on Roth v. United States · Winters v. People of State of New York · Smith v. People of the State of California · Jacobellis v. Ohio · Ginsberg v. New York
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 276 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Relying principally on the well established doctrine that jurors should not be endowed with the prerogative of imposing their own personal standards as to the test of criminality of conduct, we hold that expert testimony should be introduced to establish community standards. We cannot assume that jurors in themselves necessarily express or reflect community standards; we must achieve so far as possible the application of an objective, rather than a subjective, determination of community standards. An even-handed application of the criminal law, even with evidentiary guidance * *, is sufficiently difficult in an area so confusing and intricate as obscenity. To sanction convictions without expert evidence of community standards encourages the jury to condemn as obscene such conduct or material as is personally distasteful or offensive to the particular juror. * * * ””
8 later decisions quote this exact passage“dancer convicted under a state obscenity statute urged in a habeas corpus proceeding that her dance before an audience was a form of communication which was constitutionally protected. The writ was granted when the prosecution failed to prove that the dance in the context of contemporary community standards appealed to the prurient interest of the audience. The court concluded that for the purposes of determining obscenity the relevant”
4 later decisions quote this exact passage“"Although the United States Supreme Court has not ruled on the precise question whether the performance of a dance is potentially a form of communication protected against state intrusion by the guarantees of the First and Fourteenth Amendments to the federal Constitution, the very definition of dance describes it as an expression of emotions or ideas. * * * The dance is perhaps the earliest and most spontaneous mode of expressing emotion and dramatic feeling; it exists in a great variety of forms and is among some people connected with religious belief and practice, as among the Mohammedans and Hindus."”
3 later decisions 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.