United States v. Wiegand’s Empirical Analysis
812 F.2d 1239 · 1987
Citation profile
89 federal appellate · 15 district · 49 state decisions
How this case has been cited
Cited by 193 later decisions — most recently March 2026 · most notably United States v. Horn (1999), United States v. Cross (1991)
89 federal appellate · 15 district · 49 state decisions — followed in 23 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
Applies 18 U.S.C. § 1462 · 18 U.S.C. § 2251 (Child Pornography Prevention Act of 1996) · 18 U.S.C. § 2252 · 18 U.S.C. § 371
Relies on Illinois v. Gates · Miller v. California · New York v. Ferber · Marcus v. Search Warrant of Property · Federal Communications Commission v. Pacifica Foundation
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 193 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[L]asciviousness is not a characteristic of the child photographed but of the exhibition which the photographer sets up for an audience that consists of himself or like minded pedophiles.' ... [T]he focus must be on the intended effect, rather [than] the actual effect, on the viewer.”
16 later decisions quote this exact passage · from the dissent““1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; “2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; “3) whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child; “4) whether the child is fully or partially clothed, or nude; “5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; [and] “6) whether the visual depiction is intended or designed to elicit a sexual response in the viewer.””
8 later decisions quote this exact passage · from the dissent“Wiegand asks this court to make its own independent determination of whether or not the pictures are lascivious. The question of whether the pictures fall within the statutory definition is a question of fact as to which we must uphold the district court’s findings unless clearly erroneous. The definition of “lascivious” is a matter of law which we review de novo.”
1 later decision quote this exact passage · from the dissent
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.