Brown’s Empirical Analysis
Citation profile
2 district ·
How this case has been cited
Cited by 13 later decisions — most recently March 2022
2 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
Relies on Monell v. Department of Social Services of City of New York · Elrod v. Burns · Cornelius v. NAACP Legal Defense & Educational Fund, Inc. · Rav v. City of St Paul Minnesota · Rosenberger v. Rector & Visitors of University of Virginia
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he Court [has] identified three types of fora: the traditional public forum, the public forum created by government designation, and the nonpublic forum.” Traditional public fora are defined by the objective characteristics of the property, such as whether, “by long tradition or by government fiat,” the property has been “devoted to assembly and debate.” The government can exclude a speaker from a traditional public forum “only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest.” Designated public fora, in contrast, are created by purposeful governmental action. “The government does not create a [designated] public forum by inaction or by permitting limited discourse, but only by intentionally opening a nontraditional public forum for public discourse.” Hence “the Court has looked to the policy and practice of the government to ascertain whether it intended to designate a place not traditionally open to assembly and debate as a public forum.” If the government excludes a speaker who falls within the class to which a designated public forum is made generally available, its action is subject to strict scrutiny. Other government properties are either nonpublic fora or not fora at all. The government can restrict access to a nonpublic forum “as long as the restrictions are reasonable and [are] not an effort to suppress expression merely because public officials oppose the speaker’s view.” In summar”
1 later decision quote this exact passage · from the majority“[Rust] recognized “that when the government appropriates public funds to promote a particular policy of its own it is entitled to say what it wishes”.... “In so doing, the Government has not discriminated on the basis of viewpoint; it has merely chosen to fund one activity to the exclusion of the other” .... Rust’s holding has been limited to situations in which “the government is itself the speaker, or instances ... in which the government used private speakers to transmit [its own message].””
1 later decision quote this exact passage · from the majority“First, we must classify the highway under the Supreme Court’s forum analysis to determine whether the Government’s interest in limiting the use of its property ... outweighs the interest of those wishing to usé the property for other purposes. Second, we assess the appropriate level of scrutiny for that forum. Finally we must determine whether Cal-Trans’s policy withstands this scrutiny.”
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.