Trachtman v. Anker’s Empirical Analysis
563 F.2d 512 · 1977
Citation profile
27 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 56 later decisions (1 by the Supreme Court) — most recently July 2024 · most notably Hazelwood School District v. Kuhlmeier (1988), Fox v. Board of Trustees of the State University of New York (1994)
27 federal appellate · 1 district · 1 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Hunt v. Washington State Apple Advertising Commission · Tinker v. Des Moines Independent Community School District · Goss v. Lopez · Roth v. United States · Ingraham v. Wright
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.”
3 later decisions quote this exact passage · from the majority“[“pyschological” harm] represents an entirely too vague and nebulous extension of the concept of “rights” to support the drastic type of censorship and prior restraint sought by the [school authorities]. ... The Tinker test makes sense as a standard designed to insure that school officials will be permitted, even at the expense of some freedom of expression, to maintain order on the school premises, particularly in the classroom____ Where physical disruption or violence is threatened, some inroads on free expression are tolerable because the interests of students and school officials are relatively specific and lend themselves to concrete evaluation____ A public school’s premises are the very “marketplace of ideas” where personal intercommunication between students, in or out of the classroom, is “an important part of the educational process,” even though some students may experience a degree of mental trauma in that process____ The possibilities for harmful censorship under the guise of “protecting” the rights of students against emotional strain are sufficiently numerous to be frightening.”
2 later decisions quote this exact passage · from the concurrence“As for the burden of proof, Tinker, as well as other federal cases establish that, if students choose to litigate, school authorities must demonstrate a reasonable basis for interference with student speech, and that courts will not rest content with officials' bare allegation that such a basis existed.”
2 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.