Brown v. Li E’s Empirical Analysis

Citation profile

21 federal appellate · 1 district · 2 state decisions

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

1. “teachers, like judges, must daily decide which arguments are relevant, which computations are correct, which analogies are good or bad, and when it is time to stop writing or talking. Grades must be given by teachers in the classroom, just as cases are decided in the courtroom; and to this end teachers, like judges, must direct the content of speech. Teachers may frequently make mistakes in grading and otherwise, just as we do sometimes in deciding cases, but it is the essence of the teacher’s responsibility in the classroom to draw lines and make distinctions — in a word to encourage speech germane to the topic at hand and discourage speech unlike ly to shed light on the subject. Teachers therefore must be given broad discretion to give grades and conduct class discussion based on the content of speech.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Axson-Flynn v. Johnson · Pompeo v. Board of Regents of University of New Mexico

2. “a college history teacher may demand a paper defending Prohibition, and a law-school professor may assign students to write `opinions' showing how Justices Ginsburg and Scalia would analyze a particular Fourth Amendment question.... Such requirements are part of the teachers' curricular mission to encourage critical thinking ... and to conform to professional norms”

   2 later decisions quote this exact passage · from the concurrence
   e.g. C.N., Individually and as Guardian Ad Litem of J.N., a Minor L.M., Individually and as Guardian Ad Litem of V.M., a Minor M.E., Individually and as Guardian Ad Litem of J.E., a Minor v. Ridgewood Board of Education Frederick J. Stokley Joyce Snider Ronald Verdicchio Robert Weakley John Mucciolo Anthony Bencivenga Sheila Brogan · Cn Jn Lm Vm Me Je v. Ridgewood Board of Education

3. “[T]he First Amendment does not require an educator to change the assignment to suit the student's opinion or to approve the work of a student that, in his or her judgment, fails to meet a legitimate academic standard.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Axson-Flynn v. Johnson · William Felkner v. Rhode Island College