Marchiondo v. Brown’s Empirical Analysis
1982
Citation profile
10 federal appellate · 14 district · 87 state decisions
How this case has been cited
Cited by 120 later decisions — most recently October 2024 · most notably 48 Cal. 3d 711 - Brown v. Kelly Broadcasting Co. (1989), Gazette, Inc. v. Harris (1985)
10 federal appellate · 14 district · 87 state decisions — followed in 12 states
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 New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · United States v. Nixon · Curtis Publishing Co. v. Butts · Rosenblatt v. Baer
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Suffice it to say that actual injury is not limited to out-of-pocket loss. Indeed, the more customary types of actual harm inflicted by defamatory falsehood include impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering. Of course, juries must be limited by appropriate instructions, and all awards must be supported by competent evidence concerning the injury, although there need be no evidence which assigns an actual dollar value to the injury.”
5 later decisions quote this exact passagee.g. Newberry v. Allied Stores, Inc. · Arlene M. Brown, M.D. Family Practice Associates, P.C. v. Presbyterian Healthcare Services Valerie Miller Vickie Williams, D.O., and Sierra Blanca Medical Associates, P.A. Gary Jackson, D.O., Arlene M. Brown, M.D., Family Practice Associates, P.C. v. Presbyterian Healthcare Services, Valerie Miller, Sierra Blanca Medical Associates, P.A., Vickie Williams, D.O., Gary Jackson, D.O.“[T]he crucial difference between statement of fact and opinion depends upon whether ordinary persons hearing or reading the matter complained of would be likely to understand it as an expression of the speaker’s or writer’s opinion, or as a statement of existing fact.”
3 later decisions quote this exact passage“Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas. But there is no constitutional value in false statements of fact. Neither the intentional lie nor the careless error materially advances society’s interest in “uninhibited, robust, and wide-open” debate on public issues. New York Times Co. v. Sullivan, 376 U.S., at 270 , . 84 S.Ct. 710 . They belong to that, category of utterances which “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.” Chaplinsky v. New Hampshire, 315 U.S. 568, 572 , 62 S.Ct. 766 , 86 L.Ed. 1031 (1942).”
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.