Zanders v. Swanson’s Empirical Analysis

Citation profile

8 federal appellate ·

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

1. “fail in the key respect of asserting that peace officers in fact initiate retaliatory prosecution in instances where the peace officers believe that the allegations are truthful, or at least not knowingly false. It is too speculative for standing purposes to allege that this statute could be manipulated or that the police might misuse the criminal justice system for retaliatory purposes.”

   1 later decision quote this exact passage · from the majority
   e.g. 281 Care Committee v. Arneson

2. “[I]n the First Amendment context, even though Plaintiffs are not required to await and undergo a criminal prosecution, they must face a credible threat of present or future prosecution under the statute for a claimed chilling effect to confer standing to challenge the constitutionality of a statute that both provides for criminal penalties and abridges First Amendment rights.”

   1 later decision quote this exact passage · from the majority
   e.g. 750 F. Supp. 2d 1020 - Iowa Right to Life Committee, Inc. v. Smithson

3. “When a statute is challenged by a party who is the target or object of the statute's prohibitions, there is ordinarily little question that the statute has caused him injury.”

   1 later decision quote this exact passage · from the majority
   e.g. 738 F. Supp. 2d 947 - Phelps-Roper v. City of Manchester, Missouri