Johnson v. State’s Empirical Analysis
1988
Citation profile
2 state decisions
Relationships
Applies 18 U.S.C. § 112
Relies on United States v. O'Brien · Tinker v. Des Moines Independent Community School District · Chaplinsky v. State of New Hampshire · West Virginia State Board of Education v. Barnette · Papachristou v. City of Jacksonville
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment.”
1 later decision quote this exact passagee.g. Texas v. Johnson“a government cannot mandate by fiat a feeling of unity in its citizens. Therefore, that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol when it cannot mandate the status or feeling the symbol purports to represent.”
1 later decision quote this exact passagee.g. Texas v. Johnson“but there was no breach of peace nor does the record reflect that the situation was potentially explosive. One cannot equate 'serious offense' with incitement to breach the peace.”
1 later decision quote this exact passagee.g. Texas v. Johnson
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.