State v. Immelt’s Empirical Analysis

Citation profile

2 district · 13 state decisions

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

1. “[W]e take issue with portions of the dissent’s First Amendment analysis. First, it is true that we generally presume that legislative enactments are constitutional and the party challenging a statute bears the burden of proving its unconstitutionality. Dissent at 113. However, in the free speech context, “ ‘the State usually bears the burden of justifying a restriction on speech.’ ””

   1 later decision quote this exact passage
   e.g. State Of Washington, V Russell David Homan

2. “In evaluating whether allegedly expressive conduct brings the First Amendment into play, the Supreme Court has focused on the context in which the conduct took place, asking 'whether an intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who [perceived] it.'”

   1 later decision quote this exact passage
   e.g. 100 Mass. App. Ct. 720 - BURLINGTON POLICE DEPARTMENT v. ROBERT M. HAGOPIAN.

3. “it is dubious that [the horn] ordinance is a proper time, place, and manner restriction where it prohibits horn honking in a content-based manner, i.e., horn honking is permissible for official parades and other public events but not to express support for the lone person holding a 'support our troops' sign on a street corner.”

   1 later decision quote this exact passage
   e.g. Porter v. Gore