Smith v. State’s Empirical Analysis
1998
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently March 2017 · most notably Leday v. State (1998), Henderson v. State (2000)
37 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
Relies on Jackson v. Virginia · Grayned v. City of Rockford · Employment Division Department of Human Resources of Oregon v. L Smith · Grayned v. City of Rockford · Almanza v. State
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A statute is impermissibly overbroad when, “in addition to proscribing activities which may constitutionally be forbidden, it sweeps within its coverage speech or conduct which is protected by the First Amendment.” Bynum v. State, 767 S.W.2d 769, 772 (Tex.Crim. App.1989) (quoting Clark v. State, 665 S.W.2d 476, 482 (Tex.Crim.App.1984)). However, even if the statute reaches both lawful and unlawful conduct, it will not be considered overbroad unless it substantially interferes with protected conduct. Bynum, 767 S.W.2d at 772-73 (emphasis added). “[S]peech is not protected by the First Amendment when it is the very vehicle of the crime itself.” United States v. Rowlee, 899 F.2d 1275, 1278 (2d Cir.1990) (quoting United States v. Varani, 435 F.2d 758, 762 (6th Cir.1970)).”
1 later decision quote this exact passagee.g. Frieling v. State
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.