Nicholas Halter v. State of Nebraska’s Empirical Analysis
205 U.S. 34 · 1907
Citation profile
34 federal appellate · 29 district · 90 state decisions
How this case has been cited
Cited by 231 later decisions (29 by the Supreme Court) — most recently March 2017 · most notably Hines v. Davidowitz (1941), Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary Same (1925)
34 federal appellate · 29 district · 90 state decisions — followed in 22 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 Mugler v. State of Kansas State of Kansas Tufts · Connolly v. Union Sewer Pipe Co. · Gulf Ry Co v. Ellis · Robbins v. Taxing District of Shelby Co Tennessee · Ex parte Siebold
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 231 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“From the earliest periods in the history of the human race, banners, standards and ensigns have been adopted as symbols of the power and history of the peoples whojp.ore them. It is not then remarkable that the American people, acting through the legislative branch of the Government, early in their history, prescribed a flag as symbolical of the existence and sovereignty of the Nation. Indeed, it would have been extraordinary if the Government had started this country upon its marvelous career without giving it a flag to be recognized as the emblem of the American Republic. For that flag every true American has not simply an appreciation but a deep affection. No American, nor any foreign born person who enjoys the privileges of American citizenship, ever looks upon it without taking pride in the fact that he lives under this free Government. Hence, it has often occurred that insults to a flag have been the cause of war, and indignities put upon it, in the presence of those who revere it, have often been resented and sometimes punished on the spot.”
6 later decisions quote this exact passage · from the majority“"Another vital principle is that, except as restrained by its own fundamental law, or by the supreme law of the land, a state possesses all legislative power consistent with a republican form of government; therefore, each state, when not. thus restrained and so far as this court is concerned, may, by legislation, provide * * * for the common good, as involved in the well-being, peace, happiness, and prosperity of the people.””
4 later decisions quote this exact passage · from the majority“[T]he flag is the symbol of the Nation’s power, the emblem of freedom in its truest, best sense. It is not extravagant to say that to all lovers of the country it signifies government resting on the consent of the governed; liberty regulated by law; the protection of the weak against the strong; security against the exercise of arbitrary power; and absolute safety for free institutions against foreign aggression.”
4 later decisions quote this exact passage · from the majority
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.