State v. David Tracy’s Empirical Analysis
2015
Citation profile
16 state decisions
Relationships
Relies on Connick v. Myers · Cantwell v. State of Connecticut · National Association for Advancement of Colored People v. Y Button · Miller v. California · Chaplinsky v. State of New Hampshire
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'cocksucker,' " although vulgar and profane, did not constitute fighting words). Given the context of the defendant's remarks, we cannot conclude that the insults were "akin to dropping a match into a pool of gasoline.”
2 later decisions quote this exact passage · from the dissent“[I]n this day and age, the notion that any set of words are so provocative that they can reasonably be expected to lead an average listener to immediately respond with physical violence is highly problematic.”
2 later decisions quote this exact passage · from the dissent“In a society in which children are admonished to 'use your words' rather than respond to anger and frustration by physically lashing out-and are taught the refrain, 'Sticks and stones will break my bones, but words will never hurt me,' as an appropriate response to taunts-the class of insults for which violence is a reasonably expected response, if it exists at all, is necessarily exceedingly narrow.”
1 later decision quote this exact passage · from the dissente.g. People ex rel. R.C.
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.