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← 247 FSUPP2D 372 - Burrus v. Vegliante

Burrus v. Vegliante’s Empirical Analysis

2002

Citation profile

2
cited by 2 later decisions
July 2003
most recently cited

2 federal appellate ·

Relationships

Applies 5 U.S.C. § 7321 · 5 U.S.C. § 7323 · 5 U.S.C. § 7324

Relies on United Public Workers of America v. Mitchell · First National Bank of Boston v. X Bellotti · United States Civil Service Commission v. National Ass'n of Letter Carriers · Allee v. Medrano · Blaylock v. United States Merit Systems Protection Board

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

  1. “13. Union bulletin boards Currently, many Federal agencies make bulletin boards available to Federal employee unions on which items of interest to the union members may be posted. One of the items usually posted on these bulletin boards is the union newsletter. Frequently, union newsletters contain a solicitation for members to contribute to the political committee of the union. An overly literal reading of [the proposed Hatch Act amendments] might hold that posting such a newsletter would be a violation of section 7323(a)(4)(B), concerning solicitations in Federal buildings, or section 7325(a)(2), concerning engaging in political activities in a Federal building. The committee does not intend that this legislation be construed in such a manner. Rather, the committee intends that the posting of union newsletters on bulletin boards, which has been allowed under existing law, continue to be allowed. Moreover, the distribution of union newsletters in a Federal building should continue to be permitted. On the other hand, direct person-to-person solicitations of funds at the worksite or on duty time is clearly prohibited.”
    1 later decision quote this exact passage · from the majority
  2. “(a) An employee in an Executive agency or an individual employed by the government of the District of Columbia may not— (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase "an active part in political management or in political campaigns” means those acts of political management which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (b) An employee or individual to whom subsection (a) of this section applies retains the right to vote as he chooses and to express his opinion on political subjects and candidates.”
    1 later decision quote this exact passage · from the majority
  3. “I hold that the APWU is entitled to advocate the election of candidates through display of posters and like materials on designated union bulletin boards in non-public areas of post offices, so long as the display is not coordinated with or in concert with a political party or candidate, and that defendants are enjoined from interfering with the Union’s displays, and from disciplining postal employees who bring such posters and refused [sic] to remove them.”
    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.