Schultz v. Frisby’s Empirical Analysis
807 F.2d 1339 · 1986
Citation profile
13 federal appellate · 1 state decisions
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently February 2005 · most notably Frisby v. Schultz (1988), Ragsdale v. Turnock (1988)
13 federal appellate · 1 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
Applies 28 U.S.C. § 2201 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on New York Times Co. v. Sullivan · Connick v. Myers · Roe v. Wade · Broadrick v. Oklahoma · Grayned v. City of Rockford
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As important as free speech is to preserving our freedom, the right of privacy which ensures the opportunity for peace, tranquility, comfort, and personal solace away from the often overwhelming bombardment of unsolitated communications from political, commercial, and religious groups, enterprises, and organizations cannot be any less important in a society whose existence depends on the ability of each individual (as well as the majority) to conscientiously exercise his or her judgment in the conduct of their own affairs and those of their locality and nation. The conscientious exercise of judgment upon which we depend can hardly be exercised in the absence of the privacy necessary for contemplation and reflection.”
3 later decisions quote this exact passage · from the dissent“In order to decide whether the over-breadth exception is applicable in a particular case, we have weighed the likelihood that the statute’s very existence will inhibit free expression ... where conduct and not merely speech is involved, we believe that the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute’s plainly legitimate sweep.””
1 later decision quote this exact passage · from the concurrence“no mandate in our Constitution leaves States and governmental units powerless to pass laws to protect the public from the kind of boisterous and threatening conduct that disturbs the tranquility of spots selected by the people * * * for homes, wherein they can escape the hurly-burly of the outside business and political world * * *.”
1 later decision quote this exact passage · from the concurrencee.g. Pursley v. R
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.