Hoffman v. United States’s Empirical Analysis
445 F.2d 226 · 1971
Citation profile
9 federal appellate · 3 district · 10 state decisions
How this case has been cited
Cited by 28 later decisions (2 by the Supreme Court) — most recently March 2007 · most notably Smith v. Goguen (1974), Kime Et Al. v. United States (1982)
9 federal appellate · 3 district · 10 state decisions
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
Applies 18 U.S.C. § 700 (Enhanced Federal Security Act of 2000)
Relies on Morissette v. United States · Tinker v. Des Moines Independent Community School District · Thornhill v. Alabama · West Virginia State Board of Education v. Barnette · Baggett v. Bullitt
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[I]n order for this statute to avoid possible conflict with the Amendment, the curtailment of expression goes no further than the language of the statute clearly requires. See United States v. Rumely, 345 U.S. 41, 45 , 73 S.ct. 543, 97 L.Ed. 770 (1953), and cases cited therein. The legislative history of the present statute demonstrates that Congress was aware of the problem and sought to avoid claims of infringement of the guarantees of the First Amendment by employing in the operative part of the statute language of limited and narrow meaning.” At page 228.”
2 later decisions quote this exact passage · from the majority“§ 700. Desecration of the flag of the United States; penalties. (a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall bo fined not more than $1,000 or imprisoned for not more than one year, or both. (b) The term “flag of the United States” as used in this section, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part, or parts of father, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America. (c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section. (Added Pub.U. 90-381, § 1, July 5, 1908, 82 Stat. 291 .)”
1 later decision quote this exact passage · from the majority““Specific examples of prohibited conduct under the bill would include easting contempt upon the flag by * * * tearing it * * (Emphasis added.)”
1 later decision 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.