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← 215 F.3d 1134 - Barker v. City of Del City

Barker v. City of Del City’s Empirical Analysis

215 F.3d 1134 · 2000

Citation profile

38
cited by 38 later decisions
2
states following
May 2015
most recently cited

14 federal appellate · 8 district · 2 state decisions

Relationships

Relies on Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Elrod v. Burns · Branti v. Finkel · Rankin v. McPherson

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

  1. “1. Does the speech in question involve a matter of public concern? 2. If so, does the employee’s interest in the expression outweigh the government employer’s interest in regulating the speech of its employees so that it can carry on an efficient and effective workplace? 3. Was the employee’s speech a substantial factor driving the challenged employment action? 4. If so, can the employer show that it would have taken the same employment action against the employee even in the absence of the protected speech?”
    2 later decisions quote this exact passage · from the majority
  2. “an appellate court has an obligation to make an independent examination of the whole record in order to make sure that the judgment does not constitute a forbidden intrusion on the field of free expression.”
    2 later decisions quote this exact passage · from the majority
  3. “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
    1 later decision 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.