United States v. McDermott’s Empirical Analysis
29 F.3d 404 · 1994
Citation profile
14 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions (1 by the Supreme Court) — most recently September 2015
14 federal appellate · 1 district ·
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
Applies 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 18 U.S.C. § 245
Relies on Carnegie v. United States · Hague v. Committee for Industrial Organization · Rav v. City of St Paul Minnesota · Scharffe v. Perkins · Brandenburg v. Ohio
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Count II instructions permitted the jury to conclude that a threat of force was used if it found that McDer-mott “burned a cross in order to threaten.” By wording [the][i]nstruction ... in permissive terms, however, the court allowed the jury to convict without finding that the McDermotts burned the cross with the intent to threaten the use of force or at least cause blacks to reasonably fear the imminent use of force or violence. These instructions do not square with ... Lee, and constitute reversible error.”
1 later decision quote this exact passage · from the dissent“waving baseball bats, axe handles, and knives; throwing rocks and bottles; veering cars towards black persons; and physically chasing black persons out of the park”
1 later decision quote this exact passagee.g. Virginia v. Black
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.