United States v. Schwimmer’s Empirical Analysis
279 U.S. 644 · 1929
Citation profile
147 federal appellate · 71 district · 54 state decisions
How this case has been cited
Cited by 516 later decisions (58 by the Supreme Court) — most recently June 2024 · most notably Monroe v. Pape (1961), Sherbert v. Verner (1963)
147 federal appellate · 71 district · 54 state decisions — followed in 13 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.
Appellate journey
reviewedSchwimmer v. United States (from Seventh Circuit Court of Appeals)
Relationships
Relies on Schenck v. United States · Selective Draft Law Cases · Tutun v. United States · Luria v. United States · United States of America v. Solomon Louis Ginsberg
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 516 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought”
14 later decisions quote this exact passage · from the dissent““Section 4 * * * Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least * * * and during that time has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. * * * “Sec. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such belief in or opposition to organized government * * * shall be naturalized or be made a citizen of the United States.” 34 Stat. 598 . 2”
3 later decisions quote this exact passage · from the majority““I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to * * * of whom I have heretofore been subject or citizen, that I do solemnly affirm I will support the Constitution of the United States and will as far as my conscience as a Christian will allow defend it against all enemies foreign and domestic; that I will bear true faith and allegiance to the same and that I take this obligation freely, without any mental reservation or purposes of evasion, so help me God.””
3 later decisions 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.