United States v. Freeman’s Empirical Analysis
808 F.2d 1290 · 1987
Citation profile
20 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2012 · most notably United States v. Arvin (1990), United States v. Wolf (1989)
20 federal appellate · 3 district · 3 state decisions
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
Applies 18 U.S.C. § 2251 (Child Pornography Prevention Act of 1996) · 18 U.S.C. § 2255
Relies on Kolender v. Lawson · Roth v. United States · Miller v. California · New York v. Ferber · Smith v. Goguen
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[p]rior to the 1984 amendments Congress defined minor as any person under the age of sixteen years. This definition, however, created enforcement problems because in many cases the child was not available to testify at trial as to his or her age at the time the photographs were taken. Consequently, unless the child had not yet entered puberty, and was therefore definitely under the age of sixteen, an offense could not be proved using the photographs or videotapes alone. Raising the age to eighteen enables enforcement of the Act whenever the child depicted does not appear to be an adult.”
1 later decision quote this exact passage · from the majority“' * * * [T]he Constitution does not require impossible standards'; all that is required is that the language 'conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices * * * [.]' " Id. at 1292 (quoting Roth v. United States, 354 U.S. 476 , 491, 77 S.Ct. 1304, 1312, 1 L.Ed.2d 1498 (1957)). We determine that the statute's bar against mailings depicting minors involved in the "lascivious exhibition of the genitals * * * of any person”
1 later decision quote this exact passage · from the majority“Any person ... who employs, uses, persuades, induces, entices, or coerces any minor to engage in ... any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (d), if such person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.”
1 later decision quote this exact passage · from the majority
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.