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← 322 U.S. 78 - United States v. Ballard

United States v. Ballard’s Empirical Analysis

322 U.S. 78 · 1944

Citation profile

1,042
cited by 1,042 later decisions
80
cited 80 times by the Supreme Court
34
states following
January 2025
most recently cited

346 federal appellate · 102 district · 245 state decisions

How this case has been cited

Cited by 1,042 later decisions (80 by the Supreme Court) — most recently January 2025 · most notably New York Times Co. v. Sullivan (1964), Dandridge v. Williams (1970)

346 federal appellate · 102 district · 245 state decisions — followed in 34 states

2850194419501960197019801990200020102020decided

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

reviewedthe decision below (from Ninth Circuit Court of Appeals)

Relationships

Relies on Berger v. United States · Cantwell v. State of Connecticut · Chaplinsky v. State of New Hampshire · West Virginia State Board of Education v. Barnette · Prince v. Commonwealth of Massachusetts

Cited together with Cantwell v. State of Connecticut · Sherbert v. Verner · Wisconsin v. Yoder · United States v. Seeger · Thomas v. Review Board of the Indiana Employment Security Division

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 1,042 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “* * * Freedom of thought, which includes freedom of religious belief, is basic in a society of free men. * * * It embraces the right to maintain theories of life and of death and of the hereafter which are rank heresy to followers of the orthodox faiths. Heresy trials are foreign to our Constitution. Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs. * * * Many take their gospel from the New Testament. But it would hardly be supposed that they could be tried before a jury charged with the duty of determining whether those teachings contained false representations. * * * The religious views espoused by respondents might seem incredible, if not preposterous, to most people. But if those doctrines are subject to trial before a jury charged with finding their truth or falsity, then the same can be done with the religious beliefs of any sect. When the triers of fact undertake that task, they enter a forbidden domain. * * *”
    36 later decisions quote this exact passage · from the majority
  2. “that the District Court ruled properly when it withheld from the jury all questions concerning the truth or falsity of the religious beliefs or doctrines of respondents”
    2 later decisions quote this exact passage · from the majority
  3. “'when it is so altered as to charge a different offense from that found by the grand jury.'”
    2 later decisions quote this exact passage · from the dissent

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.