State v. Miller’s Empirical Analysis
1990
Citation profile
4 federal appellate · 42 state decisions
How this case has been cited
Cited by 53 later decisions — most recently October 2024 · most notably Powell v. State (1998), Rodriguez v. State (2009)
4 federal appellate · 42 state decisions
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 New York Times Co. v. Sullivan · Buckley v. Valeo · Broadrick v. Oklahoma · United States v. O'Brien · Kolender v. Lawson
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) A person wearing a traditional holiday costume on the occasion of the holiday; (2) A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession, or sporting activity; (3) A person using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; or (4) A person wearing a gas mask prescribed in emergency management drills and exercises or emergencies.”
3 later decisions quote this exact passage“mask-wearing conduct when the mask-wearer knows or reasonably should know that the conduct provokes a reasonable apprehension of intimidation, threats or violence”
3 later decisions quote this exact passage“harassment, intimidation and violence against racial and religious minorities carried out by mask-wearing Klansmen and other 'hate' organizations”
3 later decisions quote this exact passage
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.