United States v. Levine’s Empirical Analysis
83 F.2d 156 · 1936
Citation profile
25 federal appellate · 2 district · 13 state decisions
How this case has been cited
Cited by 53 later decisions (2 by the Supreme Court) — most recently April 1980 · most notably Roth v. United States (1957), Ginsberg v. New York (1968)
25 federal appellate · 2 district · 13 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
Applies 18 U.S.C. § 334
Relies on Rosen v. United States · Depen v. Lawyers' Title & Guaranty Co. · United States v. Kennerley · Halsey v. New York Society for the Suppression of Vice · United States v. Dennett
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * if it is old, its accepted place in the arts must be regarded ; if new, the opinions of competent critics in published reviews or the like may be considered; what counts is its effect, not upon any particular class, but upon all those whom it is likely to reach.””
3 later decisions quote this exact passage · from the majority““The book itself was in evidence. It was not a communication from a doctor to his patient, nor a work designed for the use of medical practitioners only. There was no dispute as to its contents, nor was there any difficulty in understanding the acts described and the ideas conveyed. If these were calculated to deprave the morals of the reader by exciting sensual desires and libidinous thoughts, the book was obscene, even though each of the matters sought to be shown was true.” (Omitting authorities.) (At page 63 of 142 F.)”
1 later decision quote this exact passage · from the majority““Such a list taken alone told nothing of the standing of the works in the minds of the community; even respectable persons may have a taste for salacity. Obviously it would be impossible without hopelessly confusing the issues to undertake any analysis of such a list by finding out why each buyer bought.””
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.