Packard v. Banton’s Empirical Analysis
264 U.S. 140 · 1924
Citation profile
109 federal appellate · 116 district · 191 state decisions
How this case has been cited
Cited by 674 later decisions (116 by the Supreme Court) — most recently December 2013 · most notably Hunt v. Washington State Apple Advertising Commission (1977), Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary Same (1925)
109 federal appellate · 116 district · 191 state decisions — followed in 38 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 William Truax v. Mike Raich · Terrace v. Thompson · Sawyer · Hayes v. State of Missouri
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 674 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The contention most pressed is that the act unreasonably and arbitrarily discriminates against those engaged in operating motor vehicles for hire in favor of persons operating such vehicles for their private ends, and in favor of street cars and motor omnibuses. If the state determines that the use of streets for private purposes in the usual and ordinary manner shall be preferred over their use by common carriers for hire, there is nothing in the Fourteenth Amendment to prevent. The streets belong to the public and are primarily for the use of the public in the ordinary way. Their use for the purposes of gain is special and extraordinary, and, generally at least, may be prohibited or conditioned as the Legislature deems proper. * ® *” (Italics ours.)”
3 later decisions quote this exact passage · from the majority“equitable jurisdiction exists to restrain criminal prosecutions under unconstitutional enactments, when the prevention of such prosecutions is essential to the safeguarding of rights of property,”
1 later decision quote this exact passage · from the majority“In the latter case the power to exclude altogether generally includes the lesser power to condition and may justify a degree of regulation not admissible in the former.”
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.