Murphy v. Comm'r of Educ., 361 U.S. 117 (1959). · Go Syfert
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Murphy v. Comm'r of Educ., 361 U.S. 117 (1959). Cases Citing This Book View Copy Cite
14 citation events (1 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Tannenbaum (ny, 1966-09-29) · Strongest negative: Olson v. Board of Ed. of U. Free Sch. Dist. No. 12, Malverne, NY (nyed, 1966-02-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "but see" Olson v. Board of Ed. of U. Free Sch. Dist. No. 12, Malverne, NY
E.D.N.Y · 1966 · signal: but see · confidence high
But see, contra, Application of O’Brien, App.Div. 3rd Dep’t 1957, 3 A.D.2d 321 , 160 N.Y.S.2d 754 , appeal dismissed, 1958, O’Brien v. Commissioner of Ed. of State of N. Y., 4 N.Y.2d 140 , 173 N.Y.S.2d 265 , 149 N. E.2d 705 (cf., concurring opinion of Judge Van Voorhis), cert. denied, 1959, 361 U. S. 117 , 80 S.Ct. 207 , 4 L.Ed.2d 154 .
discussed Cited as authority (rule) People v. Tannenbaum
NY · 1966 · confidence medium
The court reasoned that, ‘ ‘ if the bookseller is criminally liable without knowledge of the contents * * *, he will tend to restrict the books he sells to those he has inspected; and thus the State will.have imposed a restriction upon the distribution of constitutionally protected as well as obscene literature” (361 U. S., at p. 153).
discussed Cited "see" Winters v. Lavine
2d Cir. · 1978 · signal: see · confidence high
See O’Brien v. Commissioner of Education, 4 N.Y.2d 140, 145 , 173 N.Y.S.2d 265, 267 , 149 N.E.2d 705, 706-07 (1958), appeal dismissed and cert. denied, 361 U.S. 117 , 80 S.Ct. 207 , 4 L.Ed.2d 154 (1959). .
discussed Cited "see" Winters v. Lavine
2d Cir. · 1978 · signal: see · confidence high
See O'Brien v. Commissioner of Education, 4 N.Y.2d 140, 145 , 173 N.Y.S.2d 265, 267 , 149 N.E.2d 705, 706-07 (1958), appeal dismissed and cert. denied, 361 U.S. 117 , 80 S.Ct. 207 , 4 L.Ed.2d 154 (1959) 16 We note that the Appellate Division's affirmance of the administrative action on this ground may well have been erroneous inasmuch as the ground was not a basis upon which the administrative agency itself had relied in reaching its decision.
Retrieving the full opinion text from the archive…
Murphy
v.
Commissioner of Education of the State of New York
419.
Supreme Court of the United States.
Nov 23, 1959.
361 U.S. 117
Edioard M. Horey for appellant., Charles A. Brind for .appellee.
Per Curiam.
Cited by 8 opinions  |  Published
Per Curiam.

The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.