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← 821 SO2D 937 - Ivey v. State

Ivey v. State’s Empirical Analysis

2001

Citation profile

15
cited by 15 later decisions
5
states following
July 2017
most recently cited

1 federal appellate · 13 state decisions

Relationships

Relies on New York Times Co. v. Sullivan · New York v. Ferber · Garrison v. State of Louisiana · Bigelow v. Virginia · Orr v. Orr

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"However, the first portion of [§ 13A-11-163 , Ala. Code 1975], imposing criminal liability on '[a]ny person who writes, prints or speaks of and concerning any woman, falsely imputing to her a want of chastity,' was, without question, unconstitutional when the Legislature reenacted the statute in 1980. See Orr v. Orr , 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979) (declaring unconstitutional an Alabama statute authorizing a court to impose an alimony obligation on a husband but not on a wife). The fact that in reenacting the criminal-defamation statute the Legislature retained this unconstitutional gender-based provision rebuts any presumption that the Legislature intended to comply with United States Supreme Court precedents. . . ."”
    2 later decisions quote this exact passage
  2. “Truth may not be the subject of either civil or criminal sanctions where discussion of public affairs is concerned. And since "erroneous statement is inevitable in free debate, and ... it must be protected if the freedoms of expression are to have the `breathing space' that they `need ... to survive' ...," only those false statements made with the high degree of awareness of their probable falsity demanded by New York Times may be the subject of either civil or criminal sanctions. For speech concerning public affairs is more than self-expression; it is the essence of self-government.”
    2 later decisions quote this exact passage
  3. ““On September 11, 1998, Melissa Myers commenced a civil action in the Mobile Circuit Court, alleging that Steve Windom, a state senator and nominee of the Republican Party for the office of Lieutenant Governor, had ‘solicited and engaged the services of [Myers] for the purposes of obtaining sex and sexual services in exchange for money’ and that Windom had ‘violently and physically abused, attacked, struck, slapped, physically restrained and injured [Myers] against her will.’ The complaint also included allegations of rape, forcible sodomy, and sexual assault and battery. Myers requested compensatory and punitive damages of ' an unspecified amount. “A press release that contained information about Myers’s lawsuit against Windom was released to the media. A videotape of Myers’s statement regarding the allegations of her lawsuit was given to Jodi Brooks of a Mobile television station. Portions of the videotape were televised by the Mobile television station on September 15, 1998, during its nightly news broadcast. In response, Windom held a press conference denying Myers’s allegations; in that press conference he stated that Myers had been paid by ... Ivey to fabricate the story on which the complaint was based.””
    1 later decision quote this exact passage

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.