Cortright v. Resor’s Empirical Analysis
447 F.2d 245 · 1971
Citation profile
47 federal appellate · 17 district · 2 state decisions
How this case has been cited
Cited by 112 later decisions (1 by the Supreme Court) — most recently November 2009 · most notably United States v. Stanley (1987), Mindes v. Seaman (1971)
47 federal appellate · 17 district · 2 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
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Younger v. Harris · New York Times Co. v. Sullivan · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Roth v. United States
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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]ny member of the armed forces who believes himself wronged by his commanding officer”
2 later decisions quote this exact passage · from the dissent“We know that from top to bottom of the Army the complaint is often made, and sometimes with justification, that there is discrimination, favoritism or other objectionable handling of men. But judges are not given the task of running the Army. The responsibility for setting up channels through which such grievances can be considered and fairly settled rests upon the Congress and upon the President of the United States and his subordinates. The military constitutes a specialized community governed by a separate discipline from that of the civilian.”
1 later decision quote this exact passage““So ardent an advocate of a broad reading of the First Amendment as Professor Thomas Emerson has written, ‘to a certain extent, at least, the military sector of a society must function outside the realm of democratic principles, including the principle of freedom of expression’ and ‘members of the armed forces, at least when operating in that capacity, can be restricted in their right to open discussion.’ Toward a General Theory of the First Amendment, 72 Yale L.J. 877 , 935-36 (1963).””
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.