Feldman v. Chung-Wu Ho’s Empirical Analysis
171 F.3d 494 · 1999
Citation profile
9 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 23 later decisions — most recently July 2018
9 federal appellate · 1 district · 2 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
Relies on Ex Parte: Edward T Young · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Elrod v. Burns · Broadrick v. Oklahoma
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“ ‘[speech] is an appropriate requirement for the effective performance of the public office involved.’ ”
2 later decisions quote this exact passage · from the majority“A university's academic independence is protected by the Constitution, just like a faculty member's own speech. Concurring in Sweezy v. New Hampshire, 354 U.S. 234, 263 , 77 S.Ct. 1203 , 1 L.Ed.2d 1311 (1957), Justices Frankfurter and Harlan referred to the four freedoms of a university: "to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study." Although statutes have curtailed some of these freedoms (for example, no university today may use racial criteria to select its faculty), [Professor] Feldman does not rely on any particular statute, as opposed to the all-purpose 42 U.S.C. § 1983 that provides a hook for enforcing the Constitution against state actors. Yet the Constitution does not commit to decision by a jury every speech-related dispute. If it did, that would be the end of a university's ability to choose its faculty-for it is speech that lies at the core of scholarship, and every academic decision is in the end a decision about speech.”
1 later decision quote this exact passage · from the majority“Whenever a state employee performs illegally, unconstitutionally or without authority, a suit may be maintained against the employee in his individual capacity and does not constitute an action against the State of Illinois.”
1 later decision quote this exact passage · from the concurrence
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.