Arnold v. Carpenter’s Empirical Analysis
459 F.2d 939 · 1972
Citation profile
17 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 35 later decisions (1 by the Supreme Court) — most recently February 2014 · most notably Bethel School District No. 403 v. Fraser (1986), Dwen v. Barry (1973)
17 federal appellate · 2 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
Relies on Tinker v. Des Moines Independent Community School District · Meyer v. State of Nebraska · Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary Same · West Virginia State Board of Education v. Barnette · Prince v. Commonwealth of Massachusetts
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We agree that the differences in the above mentioned conceptual approaches to the problem are in considerable measure semantic and that there is indeed a common theme in all of these cases. However, it is our view that the First Circuit’s approach was correct; we therefore prefer to follow it and hold that the governance of the length and style of one’s hair is implicit in the liberty assurance of the Due Process Clause of the Fourteenth Amendment. It may well be that this formulation in effect adopts the concept of penumbral rights; yet, we are inclined to agree with the view of the [First Circuit] court that in the absence of further guidance from the Supreme Court, we ought not to expand the Ninth Amendment beyond the notions applied to the right of (marital) privacy as expressed in Griswold.”
1 later decision quote this exact passage · from the majority“We conclude that the democratic process used in adopting the code does not per se justify the denial of [the students’] constitutional right to wear his hair in the mode he chooses. 64”
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.