Niemotko v. State of Maryland Kelley’s Empirical Analysis
340 U.S. 268 · 1951
Citation profile
309 federal appellate · 73 district · 118 state decisions
How this case has been cited
Cited by 798 later decisions (110 by the Supreme Court) — most recently September 2023 · most notably Broadrick v. Oklahoma (1973), Ashe v. Swenson (1970)
309 federal appellate · 73 district · 118 state decisions — followed in 27 states
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 Cantwell v. State of Connecticut · Hague v. Committee for Industrial Organization · Chaplinsky v. State of New Hampshire · Prince v. Commonwealth of Massachusetts · Schneider v. State
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 798 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n the instant case we are met with no ordinance or statute regulating ... the use of the park; all that is here is an amorphous ‘practice,’ whereby all authority to grant permits for the use of the park is in the Park Commissioner and the City Council. No standards appear anywhere; no narrowly drawn limitations; no circumscribing of this absolute power; no substantial interest of the community to be served. It is clear that all that has been said about the invalidity of such limitless discretion must be equally applicable here.”
19 later decisions quote this exact passage · from the majority“The right to equal protection of the laws, in the exercise of those freedoms of speech and religion protected by the First and Fourteenth Amendments, has a firmer foundation than the whims or personal opinions of a local governing body.”
5 later decisions quote this exact passage · from the majority“'merely because public officials disapprove the speaker's view.'”
4 later decisions quote this exact passage · from the concurrence
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.