Burnside v. Byars’s Empirical Analysis
363 F.2d 744 · 1966
Citation profile
142 federal appellate · 22 district · 32 state decisions
How this case has been cited
Cited by 297 later decisions (5 by the Supreme Court) — most recently March 2025 · most notably Connick v. Myers (1983), Tinker v. Des Moines Independent Community School District (1969)
142 federal appellate · 22 district · 32 state decisions — followed in 14 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.
Appellate journey
Relationships
Applies 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Thornhill v. Alabama · West Virginia State Board of Education v. Barnette · Yakus v. United States · Dennis v. United States · Whitney v. People of State of California
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 297 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.”
25 later decisions quote this exact passage · from the majority““The interest of the state in maintaining an educational system is a compelling one, giving rise to a balancing of First Amendment rights with the duty of the state to further and protect the public school system. The establishment of an educational program requires the formulation of rules and regulations necessary for the maintenance of an orderly program of classroom learning. In formulating regulations, including those pertaining to the discipline of school children, school officials have a wide latitude of discretion.””
9 later decisions quote this exact passage · from the majority“is certainly not in the class of those activities which inherently distract students and break down the regimentation of the classroom.”
5 later decisions 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.