Freeman v. Flake’s Empirical Analysis
1972
Citation profile
103 federal appellate · 7 district · 26 state decisions
How this case has been cited
Cited by 183 later decisions (6 by the Supreme Court) — most recently July 2004 · most notably Memorial Hospital v. Maricopa County (1974), United States v. Generes (1972)
103 federal appellate · 7 district · 26 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.
Relationships
Relies on Olff v. East Side Union High School District · Ferrell v. Dallas Independent School District · Richards v. Thurston · Breen v. Kahl · Freeman v. Flake
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 183 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Today the Court declines to decide whether a public school may constitutionally refuse to permit a student to attend solely because his hair style meets with the disapproval of the school authorities. The Court also denied certiorari in Olff v. East Side Union High School District, 404 U.S. 1042 , 92 S.Ct. 703 , 30 L.Ed.2d 736 , which presented the same issue. I dissented in Olff , and filed an opinion. For the same reasons expressed therein, I dissent today. I add only that now eight circuits have passed on the question. On widely disparate rationales, four have upheld school hair regulations (see Freeman v. Flake, 448 F. 2d 258 (C.A.10, 1971); King v. Saddleback Junior College District, 445 F.2d 932 (C.A.9, 1971) ; Jackson v. Dorrier, 424 F.2d 213 (C.A.6, 1970); and Ferrell v. Dallas Independent School District, 392 F.2d 697 (C.A.5, 1968), and four have struck them down (see Massie v. Henry, 455 F.2d 779 (C.A.4, 1972); Bishop v. Colaw, 450 F.2d 1069 (C.A.8, 1971); Richards v. Thurston, 424 F.2d 1281 (C.A.l, 1970); and Breen v. Kahl, 419 F.2d 1034 (C.A.7, 1969)). “I can conceive of no more compelling reason to exercise our discretionary jurisdiction than a conflict of such magnitude, on an issue of importance bearing on First Amendment and Ninth Amendment rights.””
1 later decision quote this exact passage · from the dissent““Today the Court declines to decide whether a public school may constitutionally refuse to permit a student to attend solely because his hair style meets with the disapproval of the school authorities. The Court also denied certiorari in Olff v. East Side Union High School District, 404 U.S. 1042 [ 92 S.Ct. 703 , 30 L.Ed.2d 736 ], which presented the same issue. I dissented in Olff, and filed an opinion. For the same reasons expressed therein, I dissent today. I add only that now eight circuits have passed on the question. On widely disparate rationales, four have upheld school hair regulations (citations omitted), and four have struck them down (citations omitted). “I can conceive of no more compelling reason to exercise our discretionary jurisdiction than a conflict of such mag-, nitude, on an issue of importance bear ing on- First Amendment and Ninth Amendment rights.” Freeman v. Flake, 405 U.S. 1032 , 92 S.Ct. 1292 , 31 L.Ed.2d 489 (1972).”
1 later decision 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.