265 F. Supp. 2d 699 - Henderson v. Stalder’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “In reaching that decision [in the Maynard case,] the Supreme Court found that New Hampshire in effect required that the Maynards use their private property as a “mobile billboard” for the State’s ideological message or suffer a penalty since an individual would have to have such a plate on his personal property in order to drive. As such, the Court reasoned that “The State ‘invades the sphere of intellect and spirit which is the purpose of the First Amendment to our Constitution to preserve from all official control.’ ” Id. at 715 , 97 S.Ct. at 1435 . The Court continued, “The First Amendment protects the right of individuals to hold a point of view different from the majority and to refuse to foster, in the way New Hampshire commands, an idea they find morally objectionable.” Id. at 715 , 97 S.Ct. at 1436 . Thus, the Supreme Court has held that license plates constitute speech for purposes of this analysis.”

   1 later decision quote this exact passage · from the majority
   e.g. 281 F. Supp. 2d 866 - Henderson v. Stalder

2. “Under these criteria, looking at the purpose of the prestige license plate scheme in place in Louisiana, it is pellucid that its purpose is likewise to produce revenue while allowing, on special plates authorized for private organizations, for the private expression of various views. Indeed, much of the revenue produced is funneled to the organizations themselves in the Louisiana program. Many of the plates involved require a minimum number of purchasers prior to production demonstrating that what defendants contend is the Government’s speech, is only spoken if someone else pays for it. Finally, as noted, a number of Louisiana prestige plates require proof of membership in the organization prior to being able to purchase same-underscoring the personal nature of the message of the plate.”

   1 later decision quote this exact passage · from the majority
   e.g. 281 F. Supp. 2d 866 - Henderson v. Stalder

3. “The court’s previous order, entered September 24, 2002, denying appellees’ motion to stay the mandate pending petition for writ of certiorari, is hereby VACATED; the mandate issued herein is RECALLED; the court VACATES its order of August 9, 2002 denying ap-pellees’ petition for rehearing en banc, and substitutes the following response to appellees’ motion for rehearing en banc: The petition for rehearing en banc is DENIED. The case is remanded to the district court with instructions to dismiss the case for lack of standing unless the plaintiff Keeler amends her petition within a reasonable time to challenge the state’s overall policy and practice of issuing specialty license plates. Judge Davis would grant rehearing for reasons stated in his dissent.”

   1 later decision quote this exact passage · from the majority
   e.g. 281 F. Supp. 2d 866 - Henderson v. Stalder