Nitzberg v. Parks’s Empirical Analysis

Citation profile

10 federal appellate · 5 district · 1 state decisions

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

1. “This is the third time that this circuit has been confronted with the free speech aspects of secondary public school regulations and found it necessary to intervene in the conduct of such matters by the local school authorities. We deplore this, as was said in the first case “because it is not the policy of Federal Courts to ‘intervene in the resolution of conflicts which arise in the daily operation of the school systems and which do not directly and sharply implicate basic constitutional values.’ ” Quarterman v. Byrd, * * * 453 F.2d 54, 56 (4th Cir. 1971). Moreover, the Supreme Court itself has “repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.” Tinker v. Des Moines School Dist., supra, 393 U.S. at 507 , 89 S.Ct. [733] at 737. Nevertheless, we cannot remain silent when we truly believe that the regulations as presently written will raise more problems than they will solve. We have both compassion and understanding of the difficulties facing school administrators, but we cannot permit those conditions to suppress the First Amendment rights of individual students.”

   1 later decision quote this exact passage
   e.g. 430 F. Supp. 387 - Maryland Public Interest Research Group v. Elkins

2. “forecast substantial disruption of or material interference with school activities.”

   1 later decision quote this exact passage
   e.g. Burch v. Barker