Graber v. Clarke’s Empirical Analysis

Citation profile

4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the speech would create problems in maintaining discipline or harmony among co-workers; (2) whether the employment relationship is one in which personal loyalty and confidence are necessary; (3) whether the speech impeded the employee’s ability to perform her responsibilities; (4) the time, place and manner of the speech; (5) the context in which the underlying dispute arose; (6) whether the matter was one on which debate was vital to informed decisionmaking; and (7) whether the speaker should be regarded as a member of the general public.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kristofek v. Village of Orland Hills

2. “[a]lthough Graber's speech preceded the suspension, without other evidence linking the two events, we cannot find the suspension was motivated by that speech”

   1 later decision quote this exact passage · from the concurrence
   e.g. Daza v. State

3. “In the end, the plaintiff must demonstrate that, but for his protected speech, the employer would not have taken the adverse action.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Daza v. State