In re Goode’s Empirical Analysis
821 F.3d 553 · 2016
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2071 (Federal Rules of Civil Procedure Amendments)
Relies on Link v. Wabash Railroad · Chambers v. Nasco, Inc. · State v. Simpson · Board of Trustees of State Univ. of NY v. Fox · Seattle Times Co. v. Rhinehart
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the context of criminal trials, an individual's right to free speech must be balanced with the state and the defendant's interest in a fair trial. . . . "Intense publicity surrounding a criminal proceeding," otherwise referred to as "trial by newspaper," "poses significant and well-known dangers to a fair trial." . . . The most significant of these dangers is the possibility that pretrial publicity will taint the jury venire. . . . Courts "must therefore balance the First Amendment rights of trial participants with our 'affirmative constitutional duty to minimize the effects of prejudicial pretrial publicity.'" . . . Citing this concern, the Supreme Court has upheld stronger limitations on the speech of "those participating before the courts" as compared to members of the press.”
1 later decision quote this exact passage · from the concurrence“It is well settled that in order for a federal court to sanction an attorney under its inherent powers, it must make a specific finding that the attorney acted in bad faith. But, this Circuit has never explicitly extended this requirement to sanctions imposed pursuant to a local rule, and we decline to do so here.”
1 later decision quote this exact passage · from the majority“Whether the First Amendment has been violated is a mixed question of law and fact[.]”
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.