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7 Connecticut opinions name it 2 courts 1994–2018 0 in the last five years
The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Statewide Grievance Committee v. Presnickgreen2 sentences2015See Statewide Grievance Commit- tee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).’’ State v. Indrisano, supra, 812 . 2015See Statewide Grievance Commit- tee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).’’ State v. Indrisano, supra, 812 . | 4 | 4 |
State v. Lustergreen2 sentences2015See Statewide Grievance Commit- tee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).’’ State v. Indrisano, supra, 812 . 2015See Statewide Grievance Commit- tee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).’’ State v. Indrisano, supra, 812 . | 4 | 4 |
State v. Indrisanogreen2 sentences1995See Statewide Grievance Committee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).” State v. Indrisano, 228 Conn. 795, 812 , 640 A.2d 986 (1994). 1995See Statewide Grievance Committee v. Presnick, 18 Conn. App. 316 , 559 A.2d 220 (1989).” State v. Indrisano, 228 Conn. 795, 812 , 640 A.2d 986 (1994). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Baccala
green
2 sentences2018It is the "tendency or likelihood of the words to provoke violent reaction that is the touchstone of the Chaplinsky test ...." (Internal quotation marks omitted.) Id., at 247 , 163 A.3d 1 . 2018It is the "tendency or likelihood of the words to provoke violent reaction that is the touchstone of the Chaplinsky test ...." (Internal quotation marks omitted.) Id., at 247 , 163 A.3d 1 . | 1 | 2018–2018 |
State v. Szymkiewicz
green
2 sentences2018"The Chaplinsky doctrine permits the state to prohibit speech that has a direct tendency to inflict injury or to cause acts of violence or a breach of the peace by the persons to whom it is directed." (Emphasis omitted; internal quotation marks omitted.) State v. Szymkiewicz , supra, 237 Conn. at 619 , 678 A.2d 473 . "[Fighting] words touch the raw nerves of one's sense of dignity, decency, and personality and ... therefore tend to trigger an immediate, violent reaction.... 2018"The Chaplinsky doctrine permits the state to prohibit speech that has a direct tendency to inflict injury or to cause acts of violence or a breach of the peace by the persons to whom it is directed." (Emphasis omitted; internal quotation marks omitted.) State v. Szymkiewicz , supra, 237 Conn. at 619 , 678 A.2d 473 . "[Fighting] words touch the raw nerves of one's sense of dignity, decency, and personality and ... therefore tend to trigger an immediate, violent reaction.... | 1 | 2018–2018 |
Joseph Lamar v. Fred Banks, Warden, Gwinnett County Correctional Institute
green
1 sentence2017Accordingly, it is not inconsistent with the application of an objective standard to consider the entire factual context in which the words were uttered because "[i]t is the tendency or likelihood of the words to provoke violent reaction that is the touchstone of the Chaplinsky test ...." 9 Lamar v. Banks , supra, 684 F.2d at 718 ; see also S. Gard, "Fighting Words as Free Speech," 58 Wash. U. L.Q. 531 , 558 (1980) ("[I]t is certainly consistent with an objective [fighting words] test to apply a more specific standard of 'the ordinary reasonable police officer' in appropriate situations. | 1 | 2017–2017 |
State v. Harrington
green
2 sentences2017Harrington concluded that the Chaplinsky standard employed a balancing test to determine whether speech was protected whereas the Oregon constitution prohibited "restricting the right to speak freely on any subject whatever ." (Internal quotation marks omitted; emphasis in original.) Id., at 614 , 680 P.2d 666 . 2017Harrington concluded that the Chaplinsky standard employed a balancing test to determine whether speech was protected whereas the Oregon constitution prohibited "restricting the right to speak freely on any subject whatever ." (Internal quotation marks omitted; emphasis in original.) Id., at 614 , 680 P.2d 666 . | 1 | 2017–2017 |
Dice v. Akron, Canton & Youngstown Railroad
green
2 sentences1996We recognize that the Chaplinsky doctrine might have to be applied more narrowly when the words used by the accused are addressed to a police officer because “a properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen . . . .” (Internal quotation marks omitted.) Houston v. Hill, 482 U.S. 451, 462 , 107 S. Ct. 2502 , 96 L. 1996We recognize that the Chaplinsky doctrine might have to be applied more narrowly when the words used by the accused are addressed to a police officer because “a properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen . . . .” (Internal quotation marks omitted.) Houston v. Hill, 482 U.S. 451, 462 , 107 S. Ct. 2502 , 96 L. | 1 | 1996–1996 |
City of Houston v. Hill
green
2 sentences1996We recognize that the Chaplinsky doctrine might have to be applied more narrowly when the words used by the accused are addressed to a police officer because “a properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen . . . .” (Internal quotation marks omitted.) Houston v. Hill, 482 U.S. 451, 462 , 107 S. Ct. 2502 , 96 L. 1996We recognize that the Chaplinsky doctrine might have to be applied more narrowly when the words used by the accused are addressed to a police officer because “a properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen . . . .” (Internal quotation marks omitted.) Houston v. Hill, 482 U.S. 451, 462 , 107 S. Ct. 2502 , 96 L. | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.