Cullen v. Auclair’s Empirical Analysis
2002
Citation profile
3 district · 4 state decisions
Relationships
Relies on New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · Milkovich v. Lorain Journal Co. · Harte-Hanks Communications, Inc. v. Connaughton · Old Dominion Branch No. 496 v. Austin
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Right to privacy — Action for deprivation of right. — (a) Right to privacy created. It is the policy of this state that every person in this state shall have a right to privacy which shall be defined to include any of the following rights individually: (4) The right to be secure from publicity that reasonably places another in a false light before the public; (i) In order to recover for violation of this right, it must be established that: (A) There has been some publication of a false or fictitious fact which implies an association which does not exist; (B) The association which has been published or implied would be objectionable to the ordinary reasonable man under the circumstances[.]””
2 later decisions quote this exact passage · from the majority“The elements of a cause of action for defamation are: (1) the utterance of a false and defamatory statement concerning another; (2) an unprivileged communication to a third party; (3) fault amounting to at least negligence; and (4) damages.”
1 later decision quote this exact passage · from the majority“Whether the meaning of a particular communication is defamatory is a question of law for the court to decide rather than a factual issue for a jury to determine.”
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.