DeJohn v. Temple University’s Empirical Analysis
537 F.3d 301 · 2008
Citation profile
19 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 45 later decisions — most recently August 2022 · most notably Doe v. City of Albuquerque (2012), Huertas v. Galaxy Asset Management (2011)
19 federal appellate · 4 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.
Appellate journey
reviewedthe decision below (from Pennsylvania Eastern District Court)
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · Broadrick v. Oklahoma · Hoffman Estates v. Flipside, Hoffman Estates, Inc. · Tinker v. Des Moines Independent Community School District · Chaplinsky v. State of New Hampshire
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n the context of student-on-student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title IX is designed to protect.”
2 later decisions quote this exact passage · from the majority“the policy’s use of “hostile,” “offensive,” and “gender-motivated” is, on its face, sufficiently broad and subjective that they could conceivably be applied to cover any speech of a “gender-motivated” nature “the content of which offends someone.” This could include “core” political and religious speech, such as gender politics and sexual morality. Absent any requirement akin to a showing of severity or pervasiveness-that is, a requirement that the conduct objectively and subjectively creates a hostile environment or substantially interferes with an individual’s work-the policy provides no shelter for core protected speech.”
1 later decision quote this exact passage · from the majority“[O]n public university campuses throughout this country, ... free speech is of critical importance because it is the lifeblood of academic freedom. As the Supreme Court in Healy v. James explained, “the precedents of this Court leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, ‘the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.’ ””
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.