V The Board of Higher Education of the City of New York’s Empirical Analysis
1956
Citation profile
447 federal appellate · 138 district · 434 state decisions
How this case has been cited
Cited by 1,502 later decisions (103 by the Supreme Court) — most recently March 2021 · most notably Board of Regents of State Colleges v. Roth (1972), Morrissey v. Brewer (1972)
447 federal appellate · 138 district · 434 state decisions — followed in 36 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 Palko v. State of Connecticut · Wieman v. Updegraff · Brown v. Walker · Ullmann v. United States
Cited together with Wieman v. Updegraff · Board of Regents of State Colleges v. Roth · Goldberg v. Kelly · Perry v. Sindermann · Cafeteria & Restaurant Workers Union, Local 473 v. McElroy
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 1,502 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.'”
14 later decisions quote this exact passage“protection of the individual against arbitrary action”
5 later decisions quote this exact passage“With this in mind, we consider the application of § 903 [the New York statute]. As interpreted and applied by the state courts, it operates to discharge every city employee who invokes the Fifth Amendment. In practical effect the questions asked are taken as confessed and made the basis of the discharge. No consideration is given to such factors as the subject matter of the question, remoteness of the period to which they are directed, or justification for exercise of the privilege. It matters not whether the plea resulted from mistake, inadvertence or legal advice conscientiously given, whether wisely or unwisely. The heavy hand of the statute falls alike on all who exercise their constitutional privilege, the full enjoyment of which every person is entitled to receive. Such action falls squarely within the prohibition of Wieman v. Updegraff, [ 344 U.S. 183 , 73 S.Ct. 215 , 97 L.Ed. 216 ] supra. It is one thing for the city authorities themselves to inquire into Slochower's fitness, but quite another for his discharge to be based entirely on events occurring before a federal committee whose inquiry was announced as not directed at `the property, affairs, or government of the city, or * * * official conduct of city employees.' In this respect the present case differs materially from Garner, where the city was attempting to elicit information necessary to determine the qualifications of its employees. * * *”
4 later decisions quote this exact passage
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.