Bd. of Pub. Instruction v. Banks, 401 U.S. 988 (1971). · Go Syfert
Bd. of Pub. Instruction v. Banks, 401 U.S. 988 (1971). Cases Citing This Book View Copy Cite
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Still-good law most often cited alongside it: Banks (1970) · Barnette (1943) · Tinker (1969)
46 citation events (8 in the last 25 years) across 21 distinct courts.
Strongest positive: Webster v. Perry, 367 F. Supp. 666 - Dist. Court, MD North Carolina (ncmd, 1973-12-03) · Strongest negative: Gillman Ex Rel. Gillman v. School Board for Holmes County (flnd, 2008-07-24)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Vacated Gillman Ex Rel. Gillman v. School Board for Holmes County
N.D. Fla. · 2008 · confidence high
Dist., 484 F.Supp. 1252, 1258 (N.D.Ga.1980) (holding that a teacher was unjustified in censoring an article in the school newspaper because it was “inconceivable that the use of the word ‘damn’ one time in the article would have caused material and substantial interference with school activities”); Banks v. Bd. of Public Instr., 314 F.Supp. 285 (S.D.Fla.1970), vacated by 401 U.S. 988 , 91 S.Ct. 1223 , 28 L.Ed.2d 526 (1971), reinstated without published opinion by dist. ct. and aff'd, 450 F.2d 1103 (5th Cir.1971) (holding that students’ refusal to stand during the Pledge of Allegiance…
discussed Vacated Frazier Ex Rel. Frazier v. Alexandre
S.D. Fla. · 2006 · confidence high
In Banks v. Bd. of Public Instr., 314 F.Supp. 285, 296 (S.D.Fla.1970), vacated by 401 U.S. 988 , 91 S.Ct. 1223 , 28 L.Ed.2d 526 (1971), reinstated without published opinion by dist. ct. and affd, 450 F.2d 1103 (5th Cir.1971), the original three judge court held that Dade County school rule 6122, which required students to stand during the pledge of allegiance, was unconstitutional: “The right to differ and express one’s opinions, to fully vent his First Amendment rights, even to the extent of exhibiting disrespect for our flag and country by refusing to stand and participate in the pledge …
discussed Vacated Holloman Ex Rel. Holloman v. Harland (2×)
11th Cir. · 2004 · confidence high
This Tinker-Burnside standard we reaffirm today was applied in Banks v. Bd. of Public Instr., 314 F.Supp. 285 (S.D.Fla.1970), vacated by 401 U.S. 988 , 91 S.Ct. 1223 , 28 L.Ed.2d 526 (1971), reinstated without published opinion by dist. ct. and aff'd, 450 F.2d 1103 (5th Cir.1971), a case similar to this one, where a student was suspended for failing to stand during the Pledge of Allegiance.
discussed Cited "but see" Kaplan v. United States
D.C. · 1971 · signal: but cf. · confidence high
But cf. Demich, Inc. v. Ferdon, 426 F.2d 643 (9th Cir. 1970) (affirming District Court’s order that the film seized in DeRenzy be returned), vacated and remanded, 401 U.S. 990 , 91 S.Ct. 1223 , 28 L.Ed.2d 528 (1971), for reconsideration in light of Perez v. Ledesma, 401 U.S. 82 , 91 S.Ct. 674 , 27 L.Ed.2d 701 (1971).
discussed Cited "see" Webster v. Perry, 367 F. Supp. 666 - Dist. Court, MD North Carolina (2×)
M.D.N.C. · 1973 · signal: see · confidence high
See Board of Public Instruction v. Banks, 401 U.S. 988 , 91 S.Ct. 1223 , 28 L.Ed.2d 526 (1971), vacating & remanding 314 F.Supp. 285 (S.D.Fla.1970) (three-judge district court).
discussed Cited "see" Stanford Daily v. Zurcher
N.D. Cal. · 1972 · signal: see · confidence high
See Demich, Inc. v. Ferdon, 426 F.2d 643 (9th Cir. 1970), vacated and remanded on other grounds. 401 U.S. 990 , 91 S.Ct. 1223 , 28 L.Ed.2d 528 (1971); Bethview Amusement Corp. v. Cahn, 416 F.2d 410 (2nd Cir. 1969).
cited Cited "see" Cinema Classics, Ltd. v. Busch
C.D. Cal. · 1972 · signal: see · confidence high
See Demich, Inc. v. Ferdon, 426 F.2d 643 (9th Cir. 1970), vacated and remanded sub. nom Ferdon v. Demich, Inc., 401 U.S. 990 , 91 S.Ct. 1223 , 28 L.Ed.2d 528 (1971). 4 .
Retrieving the full opinion text from the archive…
Board of Public Instruction of Dade County
v.
Banks
No. 888.
Supreme Court of the United States.
Mar 29, 1971.
401 U.S. 988
Cited by 13 opinions  |  Published

Appeal from D. C. S. D. Fla. Judgment vacated and case remanded so that a fresh decree may be entered from which a timely appeal may be taken to the United States Court of Appeals for the Fifth Circuit if appellant so chooses.