Pelphrey v. Cobb County’s Empirical Analysis

Citation profile

18 federal appellate · 4 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even the individual taxpayers cannot agree on which expressions are "sectarian.” Bats, one of the taxpayers, testified that a prohibition of “sectarian” references would preclude the use of "father,” "Allah,” and “Zoraster” but would allow "God” and "Jehovah.” Selman, another taxpayer, testified, “[Y]ou can’t say Jesus, ... Jehovah, ... [or] Wicca...." Selman also deemed “lord or father” impermissible. The taxpayers' counsel fared no better than his clients in providing a consistent and workable definition of sectarian expressions. In the district court, counsel for the taxpayers deemed “Heavenly Father” and “Lord” nonsectarian, even though his clients testified to the contraiy.... When asked ... whether "King of kings” was sectarian, he replied, “King of kings may be a tough one.... It is arguably a reference to one God.... I think it is safe to conclude that it might not be sectarian.””

   2 later decisions quote this exact passage · from the dissent
   e.g. Rubin v. City of Lancaster · 631 F. Supp. 2d 823 - Doe v. Tangipahoa Parish School Board

2. “A copy of the phonebook used by Ms. Richardson in 2003-04 shows a dark, straight, continuous, vertical line through the categories listed in the Yellow Pages surrounding “Churches.” For example, Chiropractors, Church Furnishings, and Church Supplies & Services, and then Cigar & Cigarette Accessories and Circuit Board Assembly Repairs are crossed out. There is also a similar, somewhat lighter line drawn through a series of listings on the lower lefthand corner of one page in the phonebook, drawn continuously through Churches-Islamic, Churehes-Jehovah’s Witnesses, Churches-Jewish, and Churches-Latter Day Saints. No similar line is drawn through any other denomination or religious group.”

   2 later decisions quote this exact passage · from the majority
   e.g. Williamson v. Brevard Cnty. · 732 F. Supp. 2d 195 - Galloway v. Town of Greece

3. “A municipal taxpayer has standing 'when the taxpayer is a resident who can establish that tax expenditures were used for the offensive practice.'”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Feldman v. Bowser · Gardner v. Mutz