Love v. Sessions’s Empirical Analysis
568 F.2d 357 · 1978
Citation profile
17 federal appellate · 3 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2009 · most notably Conway v. Chemical Leaman Tank Lines, Inc. (1980), Westbrook v. General Tire & Rubber Co. (1985)
17 federal appellate · 3 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
Relies on Board of Regents of State Colleges v. Roth · Mt. Healthy City School District Board of Education v. Doyle · Bishop v. Wood · Codd v. Velger · Gerry v. United States
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The critical issue in this suit is not whether the Board’s charges against Love are true, but whether the charges are truly the basis for the Board’s decision not to renew Love’s contract. If the real reason for Love’s nonrenewal is his exercise of First Amendment rights, then the Board’s decision is impermissible and the truth of its asserted basis does not serve as a complete defense to the constitutional wrong. Fluker v. Alabama State Board of Education, 5 Cir., 1971, 441 F.2d 201 , 209. “This is not to say that the truth or falsity of the Board’s reasons is irrelevant to the First Amendment claim. If the charges are false, then the likelihood of their serving as a pretense for another, unconstitutional basis for nonrenewal is increased. On the other hand, if the Board’s charges of insubordination and violation of rules are both true and a sufficient basis for the nonrenewal of Love’s contract, such that the same decision would have been made in the absence of constitutionally protected expression, the Board would have established a complete defense. Mt. Healthy City Board of Education v. Doyle, 1977, 429 U.S. 274, 287 , 97 S.Ct. 568 , 50 L.Ed.2d 471 .””
2 later decisions quote this exact passage · from the majority““That conduct protected by the First and Fourteenth Amendments played a substantial part in the decision not to rehire respondent does not necessarily amount to a constitutional violation justifying remedial action. The proper test is one that protects against the invasion of constitutional rights without commanding undesirable consequences not necessary to the assurance of those rights. Since respondent here satisfied the burden of showing that his conduct was constitutionally protected and was a motivating factor in the petitioner’s decision not to rehire him, the District Court should have gone on to determine whether petitioner had shown by a preponderance of the evidence that it would have reached the same decision even in the absence of the protected conduct.””
1 later decision quote this exact passage · from the majority“[T]he District Court Judge’s discretionary power is still given the deference required by his presence at the trial and his duty to see that there is no miscarriage of justice. The recent articulations of a somewhat closer review are directed to assuring that the District Court Judge does not merely substitute his judgment for that of the jury and thereby deprive the litigants of their right to a jury trial.”
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.