In re Brule’s Empirical Analysis

Citation profile

4 federal appellate · 5 district · 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But the statute says that the misbehavior of a person so near thereto as to obstruct the administration of justice may be likewise punished as a contempt of court. If it is a contempt to bribe a witness in front of the court house door, is it not a contempt to ai tempt to do the same thing on the street opposite Hie court building, or four blocks a way? Is not the result the same? Is not the motive ot the accused the same? What difference does it make whether the attempt was made on the ground owned by the United States or at the residence of the witness in the same town four blocks or about one quarter of a mile away from the court building? In one case the misbehavior would he construed to be in the presence of the court, and in the other ‘so near thereto as to obstruct the administration of justice,’ and the statute in clear language is made to apply to both cases.””

   2 later decisions quote this exact passage
   e.g. United States v. Carroll · Kirk v. United States ex rel. Todd

2. ““I do not find it necessary to go into the distinctions between direct and constructive contempts, which are so unsatisfactory to all who study this subject. There is always a struggle to relegate every contempt to the odious category of constructive contempts, in order to take shelter under these restrictive statutes. But I may say that in my judgment the courts will find that the Legislature has not taken away any valuable power, when these statutes are properly understood. Notwithstanding the seemingly formidable array of authority, it may be that, after all, it is a mistake to say that all contempts not committed in the presence of the court are constructive only. The mere place of the occurrence may not be an absolute test of that question, and it may depend on the character of the particular conduct in other respects besides the place where it happens. * * * Wherever the conduct complained of ceases to be general in its effect, and invades the domain of the court to become specific in its injury, by intimidating, or attempting to intimidate, with threats or otherwise, the court or its officers, the parties or their counsel, the witnesses, jurors, and the like, while in the discharge of their duties as such, if it be constructive, because of the place where it happens, because of the direct injury it does in obstructing the workings of the organization for the administration of justice in that particular ease, the power to punish it has not yet been taken away by any sta”

   1 later decision quote this exact passage
   e.g. United States v. Carroll

3. ““'.flie next contention of the respondent is that our Act of Congress of March 2, 1831, c. 99 (4 St. at Large, 487; Rev. St. § 725), has deprived the court of the power to punish for such contempts as that alleged against him. It is generally understood that the object of that statute, which has been substantially enacted in Tennessee (Code 1858, § 4106) and other states, was to enlarge the liberty of criticism by the press and others by curtailing the-power to punish adverse comments upon -the courts, their officers, and proceedings, as contempts which tend to impair respect for the tribunal, and thereby obstruct the administration of justice. * * * I do not find it necessary to go into the distinctions between direct and constructive con-tempts, which are so unsatisfactory to all who study this subject. There is always a struggle to relegate every contempt to the odious category of constructive contempt’s, in order to take shelter under these restrictive statutes. But I may say that in my judgment the courts will find that the Legislature has not taken away any valuable power, when these statutes are properly understood. Notwithstanding the seemingly formidable array of authority, it may be that, after all, it is a mistake to say that all contempts not committed in the presence of the court are constructive only. The mere place of the occurrence may not be an absolute test of that question, and it may depend on the character of the particular conduct in other respects, besi”

   1 later decision quote this exact passage
   e.g. United States v. Huff