Koch v. Goldway’s Empirical Analysis
817 F.2d 507 · 1987
Citation profile
16 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 26 later decisions — most recently December 2020 · most notably Knievel v. ESPN (2005), Leidholdt v. L.F.P. Inc. (1988)
16 federal appellate · 2 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
Relies on Gertz v. Robert Welch, Inc. · Mahan & Rowsey, Inc. v. Oklahoma Natural Gas · Greenbelt Cooperative Publishing Assn., Inc. v. Bresler · Siler v. Louisville & Nashville Railroad · California ex rel. State Lands Commission v. United States
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when the surrounding circumstances of a statement are those of a heated political debate, where certain remarks are necessarily understood as ridicule or vituperation, or both, but not as descriptive of factual matters.”
2 later decisions quote this exact passage · from the majoritye.g. Dorchen Leidholdt v. L.F.P. Inc. L.F.P. Inc., Dba Larry Flynt Publications Hustler Magazine, Inc. Larry C. Flynt Althea Flynt Flynt Subscription Company, Inc. Island Distributing Company, a B.W.I. Company Lfz, Ltd., a B.W.I. Company Larry Flynt Distributing Company, Inc. N. Morgen Hagen David Kahn Jim Goode · Leidholdt v. L.F.P. Inc.“[b]ase and malignant speech is not necessarily actionable.”
2 later decisions quote this exact passage · from the majoritye.g. Dorchen Leidholdt v. L.F.P. Inc. L.F.P. Inc., Dba Larry Flynt Publications Hustler Magazine, Inc. Larry C. Flynt Althea Flynt Flynt Subscription Company, Inc. Island Distributing Company, a B.W.I. Company Lfz, Ltd., a B.W.I. Company Larry Flynt Distributing Company, Inc. N. Morgen Hagen David Kahn Jim Goode · Leidholdt v. L.F.P. Inc.“It is perhaps unfortunate that the legal category of opinion, which sounds, and often is, a dignified classification for the pursuit of honest and fair debate, must also be used to describe statements such as the one at issue here, which, in reality, is nothing more than a vicious slur.”
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.