Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board’s Empirical Analysis
1991
Citation profile
346 federal appellate · 138 district · 236 state decisions
How this case has been cited
Cited by 1,150 later decisions (66 by the Supreme Court) — most recently June 2025 · most notably Lucas v. South Carolina Coastal Council (1992), Rav v. City of St Paul Minnesota (1992)
346 federal appellate · 138 district · 236 state decisions — followed in 28 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.
Appellate journey
reviewedSimon & Schuster, Inc. v. Fischetti (from Second Circuit Court of Appeals)
Relationships
Applies 18 U.S.C. § 3681 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Buckley v. Valeo · United States v. O'Brien · National Association for Advancement of Colored People v. Y Button · Ward v. Rock Against Racism · Miller v. California
Cited together with Ward v. Rock Against Racism · Rav v. City of St Paul Minnesota · Turner Broadcasting System, Inc. v. Federal Communications Commission · Members of the City Council of Los Angeles v. Taxpayers for Vincent · Boos v. Barry
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 1,150 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“rais[e] the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace.”
18 later decisions quote this exact passage · from the majority“serve a compelling state interest and is narrowly drawn to achieve that end.”
15 later decisions quote this exact passage“A statute is presumptively inconsistent with the First Amendment if it imposes a financial burden on speakers because of the content of their speech.”
12 later decisions 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.