Hodsdon v. Buckson’s Empirical Analysis
1970
Citation profile
12 federal appellate · 5 district · 15 state decisions
Relationships
Applies 28 U.S.C. § 2283 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on United States v. O'Brien · Tinker v. Des Moines Independent Community School District · Cantwell v. State of Connecticut · National Association for Advancement of Colored People v. Y Button · Dombrowski v. Pfister
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In summary, then, I believe that the rationales of Bar-nette and Stromberg together compel the conclusion that the punishment of peaceful symbolic acts rejecting the political ideas bespoken by the flag is as alien to the mandate of the First Amendment as is compulsion to signify adherence. That this staute proceeds, heedless of the guarantees of that amendment, to proscribe such acts determines its invalidity. Hods-don v. Buckson, 310 F.Supp. 528, 535 (D.Ariz.1970).”
1 later decision quote this exact passage · from the majority“Defendants here urge that the `words' portion of the Delaware Statute is severable, and that insofar as the `acts' portion is concerned, Street made no determination of its validity. This Court agrees. The crucial issue, therefore, is whether, although the state may not by a statute like the one here punish words defiant or contemptuous of the flag, it may nevertheless punish acts which convey identical ideas.”
1 later decision quote this exact passage · from the majoritye.g. State v. Waterman““The statute here challenged includes within its ambit expression protected by the United States Constitution. The failure of the legislature to regulate with particularity and specificity in this not too clearly charted area of First Amendment rights poses a danger of chilling vigorous and important debate and compels the Court to hold the statute unconstitutional. ’ ’”
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.