State v. Bloss’s Empirical Analysis
1982
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently June 2020
2 federal appellate · 19 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 Buckley v. Valeo · Gertz v. Robert Welch, Inc. · Broadrick v. Oklahoma · Grayned v. City of Rockford · Connally v. General Construction Co.
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve the interest.”
2 later decisions quote this exact passage · from the concurrence“(b) Notwithstanding any ordinance to the contrary, it shall be unlawful for any person to sell or offer for sale,solicit orders for, or invite attention to or promote in any manner whatsoever, directly or indirectly, goods, wares, merchandise, food stuffs, refreshments or other kinds of property or services, or to distribute commercial handbills, or to carry on or conduct any commercial promotional scheme, advertising program or similar activity in the following areas: (7) Waikiki peninsula — upon the public streets, alleys, sidewalks, malls, parks, beaches or other public places in Waikiki commencing at the entrance to the Ala Wai Canal to Kapahulu Avenue thence along the diamond head property line of Kapahulu Avenue to the ocean, thence along the ocean back to the entrance of the Ala Wai Canal. The provisions of this subsection shall not apply to the sale or offerfor sale of daily newspapers ofgeneral circulation and to duly authorized concessions in public places.”
1 later decision quote this exact passagee.g. State v. Hawkins“[i]n addition, time, place and manner restrictions must be content neutral, and must apply to all forms of speech. By banning all commercial handbilling in Waikiki, the ordinance singles out speech of a particular content and seeks to prevent its dissemination completely. Thus, this regulation cannot be considered content neutral. The instant ordinance permits noncommercial forms of speech and handbilling while'completely banning commercial handbilling in Waikiki.”
1 later decision quote this exact passage · from the concurrence
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.