McCabe v. Arave’s Empirical Analysis

Citation profile

43 federal appellate · 2 district · 1 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A total ban on Aryan Nations materials is more restrictive of prisoner first amendment rights than is necessary to maintain prison security. Restriction of inmate access to Aryan Nations materials through the mail must be limited to those materials which advocate violence or are so racially inflammatory as to be reasonably likely to cause violence at the prison.”

   4 later decisions quote this exact passage · from the majority
   e.g. Dickinson v. Austin · Sutton v. Rasheed

2. “Given the strength of First Amendment protection for freedom of belief prison authorities have no legitimate penological interest in excluding religious books from the prison library merely because they contain racist views. Courts have repeatedly held that prisons may not ban all religious literature that reflects racism.”

   3 later decisions quote this exact passage · from the majority
   e.g. Fraise v. Terhune · Nichols v. Nix

3. “A number of factors are relevant in determining whether a challenged regulation is reasonable. These include: (1) whether the regulation has a logical connection to the penological interests invoked to justify it; (2) whether the prisoners remain free to participate in other religious activities; (3) whether accommodating the prisoners asserted rights would have adverse effects on the institution; and (4) whether ready alternatives that fully accommodate the prisoners’ rights could be implemented at de minimis cost to valid penological interests.”

   1 later decision quote this exact passage · from the majority
   e.g. Sample v. Borg