Feiner v. People of State of New York’s Empirical Analysis
340 U.S. 315 · 1951
Citation profile
179 federal appellate · 30 district · 198 state decisions
How this case has been cited
Cited by 561 later decisions (53 by the Supreme Court) — most recently October 2024 · most notably Napue v. People of the State of Illinois (1959), Rochin v. People of California (1952)
179 federal appellate · 30 district · 198 state decisions — followed in 32 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 · Schneider v. State · Lovell v. City of Griffin
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 561 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No one would have the hardihood to suggest that the principle of freedom of speech sanctions incitement to riot or that religious liberty connotes the privilege to exhort others to physical attack upon those belonging to another sect. When clear and present danger of riot, disorder, interference with traffic upon the public streets, or other immediate threat to public safety, peace, or order, appears, the power of the State to prevent or punish is obvious.”
13 later decisions quote this exact passage · from the majority“passes the bounds of argument or persuasion and undertakes incitement to riot”
11 later decisions quote this exact passage · from the majority“Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct: "1. Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior; "2. Acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others; * * *.”
5 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.