Burch v. Barker’s Empirical Analysis
861 F.2d 1149 · 1988
Citation profile
9 federal appellate · 5 district ·
How this case has been cited
Cited by 24 later decisions — most recently April 2015
9 federal appellate · 5 district ·
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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Grayned v. City of Rockford · Tinker v. Des Moines Independent Community School District · Grayned v. City of Rockford · Near v. State of Minnesota Olson · Lovell v. City of Griffin
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“educators’ authority over school-sponsored publications, theatrical productions, and other expressive activities that students, parents, and members of the public might reasonably perceive to bear the imprimatur of the school. These activities may fairly be characterized as part of the school curriculum, whether or not they occur in a traditional classroom setting, so long as they are supervised by faculty members and designed to impart particular knowledge or skills to student participants and audiences.”
2 later decisions quote this exact passage · from the majority“A system of prior restraint is in many ways more inhibiting than a system of subsequent punishment: It is likely to bring under government scrutiny a far wider range of expression; it shuts off communication before it takes place; suppression by stroke of the pen is more likely to be applied than suppression through a criminal process; the procedures do not require attention to the safeguards of the criminal process; the system allows less opportunity for public appraisal and criticism; the dynamics of the system drive toward excesses, as the history of censorship shows.”
1 later decision quote this exact passage · from the majority“[t]here was no evidence that [the newspaper] had interfered with the operation of the high school or impinged upon other students' rights.” 861 F.2d at 1151 . Yet the court's conclusion seems to address a facial challenge:”
1 later decision quote this exact passage · from the majority
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.