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← 425 S.W.3d 542 - State v. Johnson

State v. Johnson’s Empirical Analysis

2014

Citation profile

5
cited by 5 later decisions
2
states following
July 2018
most recently cited

5 state decisions

Relationships

Applies 4 U.S.C. § 8

Relies on Cohen v. California · Texas v. Johnson · Lawrence v. Texas · Bowers v. Hardwick · United States v. Stevens

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “' "A statute may be found unconstitutional 'as applied' to a specific set of facts or 'on its face.' See Scott v. State , 322 S.W.3d 662 , 665 n. 1 (Tex. Crim. App. 2010) ; Bynum v. State , 767 S.W.2d 769 , 773 (Tex. Crim. App. 1989). Generally, a defendant must show that a statute is unconstitutional 'as applied' to the conduct for which he was charged. See id . at 774 . A claim that a statute is unconstitutional 'as applied' is a claim that the statute operates unconstitutionally with respect to the claimant because of his particular circumstances. Gillenwaters v. State , 205 S.W.3d 534 , 536 n. 3 (Tex. Crim. App. 2006).”
    3 later decisions quote this exact passage
  2. “we conclude that Appellee’s conduct was not 'sufficiently imbued with elements of communication’ to implicate the First and Fourteenth Amendments,” and”
    1 later decision 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.