Google, Inc. v. Hood’s Empirical Analysis

Citation profile

3 federal appellate ·

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

1. “"A preliminary injunction is not appropriate, however, 'unless the party seeking it can demonstrate that "First Amendment interests are either threatened or in fact being impaired at the time relief is sought." ' " [citation omitted] Thus, invocation of the First Amendment cannot substitute for the presence of an imminent, non-speculative irreparable injury. And we cannot say at this early stage of a state investigation that any suit that could follow would necessarily violate the Constitution. [citation omitted] In sum, as underscored by [the Attorney General's] apparent need to gather considerable information before he can determine whether an enforcement action is warranted, the prospect of one is not sufficiently imminent or defined to justify an injunction. See O'Shea v. Littleton , 414 U.S. 488 , 499, 94 S.Ct. 669 , 38 L.Ed.2d 674 (1974) (explaining that enjoining a state's criminal processes is inappropriate absent "a showing of irreparable injury which is 'both great and immediate' "); Boyle v. Landry , 401 U.S. 77 , 81, 91 S.Ct. 758 , 27 L.Ed.2d 696 (1971) ("[T]he normal course of state criminal prosecutions cannot be disrupted or blocked on the basis of charges which in the last analysis amount to nothing more than speculation about the future.").”

   1 later decision quote this exact passage · from the majority
   e.g. Empower Texans, Inc. v. Nodolf

2. “The only real difference is that we have before us a state, not federal, subpoena. But we see no reason why a state's non-self-executing subpoena should be ripe for review when a federal equivalent would not be. If anything, comity should make us less willing to intervene when there is no current consequence for resisting the subpoena and the same challenges raised in the federal suit could be litigated in state court.”

   1 later decision quote this exact passage · from the majority
   e.g. Exxon Mobil Corp. v. Schneiderman

3. “(1) a substantial likelihood that he will prevail on the merits, (2) a substantial threat that he will suffer irreparable injury if the injunction is not granted, (3) his threatened injury outweighs the threatened harm to the party whom he seeks to enjoin, and (4) granting the preliminary injunction will not disserve the public interest. 67”

   1 later decision quote this exact passage · from the majority
   e.g. Miner, Ltd. v. Anguiano