Lane v. Franks’s Empirical Analysis

Citation profile

8 federal appellate · 7 district · 7 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he content of Lane's testimony-corruption in a public program and misuse of public funds-obviously involves a matter of significant public concern. See, e.g. , Garcetti , 547 U.S. at 425, 126 S.Ct. 1951 ... ("Exposing governmental inefficiency and misconduct is a matter of considerable significance"). And the form and context of the speech-sworn testimony in a judicial proceeding-fortify that conclusion. "Unlike speech in other contexts, testimony under oath has the formality and gravity necessary to remind the witness that his or her statements will be the basis for official governmental action, action that often affects the rights and liberties of others." United States v. Alvarez , 567 U.S. [709, 721], 132 S.Ct. 2537 , 183 L.Ed.2d 574 , ... (2012) (plurality opinion).”

   3 later decisions quote this exact passage · from the majority
   e.g. Butler v. Bd. of Cnty. Com'Rs for San Miguel Cnty. · Butler v. Bd. of Cnty. Commissioners for San Miguel Cnty.

2. “'The critical question under Garcetti is whether the speech at issue is itself ordinarily within the scope of an employee's duties, not whether it merely concerns those duties.'”

   3 later decisions quote this exact passage
   e.g. Haddad v. Gregg · Harmon v. Dall. Cnty.

3. “a subject of general interest and of value and concern to the public”

   2 later decisions quote this exact passage · from the majority
   e.g. Butler v. Bd. of Cnty. Com'Rs for San Miguel Cnty. · Berge v. School Committee of Gloucester