Snyder v. Phelps. The First Amendment protects speech that is made in public places on matters of public concern, regardless of how outrageous that speech may be. Snyder v. Phelps. My son should have been buried with dignity, not with a bunch of clowns outside". [3][4] On March 10, Westboro Baptist Church (WBC) picketed Snyder's funeral in Westminster, Maryland, as it had done at thousands of other funerals throughout the U.S. in protest of what they considered an increasing tolerance of homosexuality in the United States. He alleged the tort claims of defamation, publicity given to private life, intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy. The Snyder v. Phelps facts relating to the nature of the speech factor are mixed. [15] On February 4, 2008, Bennett upheld the verdict but reduced the punitive damages from $8 million to $2.1 million, to take into consideration the resources of WBC. C. ALVERT * Abstract . They are wrong. Justice Samuel Alito was the lone dissenting justice in this case, beginning his dissent with, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case. "[33] (Justice John Paul Stevens had retired in 2010. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. California Motor Transport Co. v. Trucking Unlimited, Smith v. Arkansas State Highway Employees, Buckley v. American Constitutional Law Foundation, BE and K Construction Co. v. National Labor Relations Board, https://en.wikipedia.org/w/index.php?title=Snyder_v._Phelps&oldid=1011061132, United States Supreme Court cases of the Roberts Court, United States Free Speech Clause case law, Wikipedia articles incorporating text from public domain works of the United States Government, Creative Commons Attribution-ShareAlike License, Speech on a matter of public concern, in a public place, cannot be the basis of liability for a, Roberts, joined by Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan. v. Varsity Brands, Inc. A church leader and several church members traveled to Maryland to picket at a military funeral. 1. Whether the prohibition of awarding damages to public figures to compensate for the intentional infliction of emotional distress, under the Supreme Court's First Amendment precedents, applies to a case involving two private persons regarding a private matter. Communist Party v. Subversive Activities Control Bd. 2d 567, 569–70 (D. Md. is a Supreme Court case which briefly weighed on the minds of many Americans. and the American Legion,[26] Amendment protection.2 Last Term, in Snyder v. Phelps,3 the Su-preme Court held that the First Amendment protects from tort liability a church that picketed 1000 feet away from a military funeral because the content, form, and context of the church’s placards dealt sufficient-ly with matters of public concern.4 The Snyder Court was right to The claim was made in response to the actions of the Phelps family as well as the Westboro Baptist Church (WBC) who were also present at the picketing of the funeral. The Phelpses said that despite the verdict, the church would continue to picket military funerals. SNYDER V. PHELPS. [24] A number of veterans groups, including the Veterans of Foreign Wars[25] [23], Other briefs were filed in favor of Snyder, including one by Senate Majority and Minority Leaders Mitch McConnell and Harry Reid, and forty other members of the United States Senate. Local newspapers provided notice of the time and location of the service. He stated that the Defendants had placed a "bug" in his head, so that he was unable to think of his son without thinking of their actions, adding, "I want so badly to remember all the good stuff and so far, I remember the good stuff, but it always turns into the bad". Mt. How to Use These Resources This activity is a modified Oxford style debate. The funeral procession came approximately 200-300 feet away from the picketers. Mr. Snyder testified that, although he glimpsed the tops of the signs from the funeral procession, he did not see their content until he watched a news program on television later that day. Capitol Square Review & Advisory Board v. Pinette, Church of Lukumi Babalu Aye v. City of Hialeah, Watchtower Society v. Village of Stratton, Masterpiece Cakeshop v. Colorado Civil Rights Comm'n, Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrissey-Berru. Written and curated by real attorneys at Quimbee. School Dist. Edison Co. v. Public Serv. The District Court dismissed the first two claims. The case proceeded to trial on the remaining three counts.[8]. Matthew Snyder was a Marine Lance Corporal from Maryland who died in Iraq on March 2, 2006 at the age of 20. It held that the picketers’ speech was protected by the First Amendment because the speech involved issues of broad public concern. [14], On October 31, 2007, the jury found for the Plaintiff and awarded Snyder $2,900,000 in compensatory damages, later adding a decision to award $6,000,000 in punitive damages for invasion of privacy and an additional $2,000,000 for causing emotional distress (a total of US$10,900,000 (equivalent to $13,440,010 in 2019)). The First Amendment provides special protection to speech on public issues. [10], In his instructions to the jury, Judge Richard D. Bennett for the United States District Court for the District of Maryland stated that the First Amendment protection of free speech has limits, including vulgar, offensive and shocking statements, and that the jury must decide "whether the defendant's actions would be highly offensive to a reasonable person, whether they were extreme and outrageous and whether these actions were so offensive and shocking as to not be entitled to First Amendment protection". The picketers complied with all police instructions in staging their demonstration, they did not yell or use profanity, and they displayed their signs for 30 minutes after which they sang hymns and recited Bible verses. Case", "Marine's Father Sues Church for Cheering Son's Death", "Father of Marine Killed in Iraq Sues Church for Cheering Death, Appeals to Public Online for Help", "$11M Damage Award for Picketing Funeral", "Jury Awards Father $11M in Funeral Case", "Fallen Marine's Dad Gets O'Reilly Backing", "Brief for the American Civil Liberties Union and the American Civil Liberties Union of Maryland as, "Brief for Senators Harry Reid and Mitch McConnell and 40 Other Members of the U.S. Senate as, "Brief for the Veterans of Foreign Wars of the United States as, "Brief for the John Marshall Law School Veterans Legal Support Center & Clinic and the Chicago School of Professional Psychology as, "Brief for the State of Kansas and 47 Other States and the District of Columbia as, "Supreme Court Upholds Westboro Baptist Church Members' Right to Picket Funerals", "Anti-gay church's right to protest at military funerals is upheld", "Why the Supreme Court Ruled for Westboro", "Supreme Court Rules First Amendment Protects Church's Right to Picket Funerals", "A Survey of the 2010 Term for presentation to the Otsego County Bar Association Cooperstown Country Club", US Supreme Court upholds right to picket military funerals, Docket No. 1. In Snyder v.Phelps, 562 U.S. 443 (2011), the U.S. Supreme Court ruled 8-1 that the First Amendment prohibited the imposition of civil liability upon a church and its members who picketed the funeral of a slain Marine. [19] Arguments were heard beginning on October 13, represented by three of Phelps' daughters, including Margie Phelps. Yes. the John Marshall Veterans Legal Support Center and Clinic,[27] and another by Kansas which was joined by District of Columbia and every other State except Delaware and Maine. Whether the freedom of speech guaranteed by the First Amendment trumps its freedom of religion and peaceful assembly. v. Winn, Westside Community Board of Ed. The Supreme Court has granted certiorari in Snyder v. Phelps, the funeral picketing "God Hates Fags" case involving the kooky Phelpsian Westboro Baptist Church. Because broader public issues were also discussed does not mean that the Snyder family should be without a remedy. (adsbygoogle = window.adsbygoogle || []).push({}); Brown v. Entertainment Merchants Association. Snyder v. Phelps clarifies the Court’s view that the First Amendment protects even the most egregious speech provided that the speech is of public concern in a public space. Court liens were ordered on church buildings and Phelps' law office in an attempt to ensure that the damages were paid. Unfortunately, the district court repeatedly referred to defendants’ “religious opinion” in deciding the free speech issues. [8] The claim of publicity given to private life was similarly dismissed since no private information was made public by the Defendants: the WBC learned that Snyder was divorced and his son was Catholic from his son's newspaper obituary. Snyder v. Phelps, 562 U.S. 443 (2011), was a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous". Lebron v. National Railroad Passenger Corp. First National Bank of Boston v. Bellotti, Citizens Against Rent Control v. City of Berkeley, Colorado Republican Federal Campaign Committee v. FEC, Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, American Tradition Partnership v. Bullock, Brown v. Socialist Workers '74 Campaign Committee, Americans for Prosperity Foundation v. Bonta, Manhattan Community Access Corp. v. Halleck, Landmark Communications, Inc. v. Virginia, Minneapolis Star Tribune Co. v. Commissioner, Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler. 2d 567, 571-72 (D. Md. A court must look to the content, form, and context of the speech to determine whether it is of public or private concern. [20][21], The questions presented were as follows:[19], Several news and civil rights organizations filed amicus briefs in support of Phelps, including the American Civil Liberties Union,[22] the Reporters Committee for Freedom of the Press, and twenty-one other media organizations, including National Public Radio, Bloomberg L.P., the Associated Press, the Newspaper Association of America, and others. The Implications of Snyder v. Phelps I. The case brought up the issue of whether or not the First Amendment protected public protestors at a funeral against claims of emotional distress, better known as tort liability. Zacchini v. Scripps-Howard Broadcasting Co. Joint Anti-Fascist Refugee Committee v. McGrath. Phelps). ), intentional infliction of emotional distress, United States District Court for the District of Maryland, Reporters Committee for Freedom of the Press, First Amendment to the United States Constitution, Intentional infliction of emotional distress, List of United States Supreme Court cases, volume 562, "Two Marines Killed in Iraq; Previous Casualties Identified", "One Family's Fight Against the Westboro Baptist Church", "Supreme Court Upholds Anti-Gay Church's Protest Rights in Md. Givhan v. Western Line Consol. Accordingly, the First Amendment shielded the picketers from tort liability. Star Athletica, L.L.C. 2008) (internal citation omitted).1 B. The Court’s opinion is limited only to the Westboro Baptist Church’s picketing. Board of Ed. Local newspapers provided notice of the time and location of the service. Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton. People all over the country, including political commentator Bill O'Reilly agreed to cover the costs, pending appeal. This article analyzes the United States Supreme Court’s March 2011 decision in . Does the First Amendment protect people from tort liability when they picket a military funeral? v. Doyle. at 579. 2 . Snyder v. Phelps Applied to Student Loan Flash Mobs The Our Fair Share (OFS) movement is a national initiative that has come to prominence due to a wave of high-profile demonstrations, primarily by college students and recent graduates. [28], In an 8–1 decision the Supreme Court ruled in favor of Phelps, upholding the Fourth Circuit's decision. The U.S. Supreme Court affirmed the Court of Appeals decision. Community School Dist. His father planned a funeral ceremony for him in their hometown in Maryland. The movement, inspired by other grassroots protests, seeks to raise awareness of two issues: the enormous financial burden that student … Comm'n, Zauderer v. Off. Healthy City School Dist. Chief Justice Roberts authored the 8-1 decision, from which Justice Alito dissented (Breyer concurred separately.) Marine Lance Corporal Matthew Snyder was killed in the line of duty while serving in Iraq. Outcome of Snyder vs. Phelps Case The Snyder vs. Phelps case was brought to court because Synder’s goal was to silence the WBBC as well as protect future families from the pain and depression that the group had caused for him and his family. The Fourth Circuit Court of Appeals ruling is affirmed. Picketers displayed placards such as “God Hates the USA/Thank God for 9/11,” “America is Doomed,” “Don’t Pray for the USA,” “Thank God for IEDs,” “Pope in Hell,” “Priests Rape Boys,” “God Hates Fag,” “You’re Going to Hell,” and “God Hates You.”, "Fag troops", "Semper fi fags" and "Thank God for dead soldiers". 2 SNYDER v. PHELPS Opinion of the Court Marine Lance Corporal Matthew Snyder was killed in Iraq in the line of duty. [11], In their defense, WBC established that they had complied with all local ordinances and had obeyed police instructions. Snyder v. Phelps, 562 U.S. 443 (2011), was a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous".[1]. The Fourth Circuit also ruled that the protest signs and language on WBC's website were rhetorical hyperbole and figurative expression, rather than assertions of fact, so they were a form of protected speech. v. Mergens. Fred Phelps and his followers at the Westboro Baptist Church believe that God punishes the United States for its tolerance of homosexuality, particularly within the military. Snyder’s father filed suit in Federal District Court against Phelps, the church, and others. Snyder v. Phelps that the First Amendment protects the right of ... the outcome of the Snyder decision within the context of other historic U.S. Supreme Court cases upholding the broad free speech rights of unpopular minority groups under the First Amendment. [10][17] On March 30, 2010, the Court further ordered Albert Snyder to pay the court costs for the defendants, an amount totaling $16,510. SNYDER v. PHELPS ( No. 2008), rev’d, 580 F.3d 206 (4th Cir. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. 2009), aff’d, 562 U.S. 443 (2011). [18], A writ of certiorari was filed on March 8, 2010. Free Speech and the Impact of 'Snyder v. Phelps' on New York Kenneth G. Schwarz 05-23-2011 The recent U.S. Supreme Court decision of Snyder v. Phelps 1 will require New York to alter its standards for upholding the sufficiency of lawsuits based upon the tort of intentional infliction of mental or emotional distress. v. Virginia Citizens Consumer Council, Linmark Assoc., Inc. v. Township of Willingboro, Central Hudson Gas & Electric Corp. v. Public Service Commission, Consol. Snyder v. Phelps. An appeal was also sought by the WBC. 2008). 2 SNYDER v. PHELPS Opinion of the Court Marine Lance Corporal Matthew Snyder was killed in Iraq in the line of duty. I must confess that I’m mystified by the reaction against the Supreme Court’s decision in Snyder v. Phelps in some conservative quarters. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. It did not apply to the TV coverage of the picketing, or the church’s internet postings. "[29], The court's opinion also stated that the memorial service was not disturbed, saying, "Westboro stayed well away from the memorial service, Snyder could see no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself. Snyder v. Phelps clarifies the Court’s view that the First Amendment protects even the most egregious speech provided that the speech is of public concern in a public space. of Kiryas Joel Village School Dist. On March 3, 2006, U.S. Marine Lance Corporal Matthew A. Snyder was killed in a non-combat-related vehicle accident in Iraq. On the Huffington Post, John Paul Rollert contends that Justice Alito’s solo dissent in Snyder v. Phelps—in which the majority ruled that … Snyder v. Phelps, 533 F. Supp. Unfortunately, the Westboro Church, protected by the First Amendment won the case 8 to 1 on March 2, 2011. The U.S. Supreme Court granted certiorari. Build arguments for both sides, starting with these talking points talking points. On the day of the service, Fred Phelps and members of his Westboro Baptist Church picketed close to where the service was held. Nat'l Socialist Party v. Village of Skokie, United States v. Thirty-seven Photographs, United States v. 12 200-ft. Reels of Film, American Booksellers Ass'n, Inc. v. Hudnut. O'Reilly also pledged to support all of Snyder's future court costs against the Phelps family. Additionally, there are factual circumstances in which individuals are not powerless against harmful speech. The Court ruled in favor of Phelps in an 8–1 decision, determining that their speech related to a public issue was completely protected, and could not be prevented as it was on public property. This case is fairly notorious, but that notoriety is based almost entirely upon the controversial nature of the Westboro Baptist Church (WBC) rather than on the inherent legal issues at work. Introduction . They wanted their message heard and they didn't care who they stepped over. v. Barnette, Pacific Gas & Electric Co. v. Public Utilities Comm'n of California, Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, National Institute of Family and Life Advocates v. Becerra, Communications Workers of America v. Beck, Board of Regents of the Univ. To demonstrate their beliefs, Phelps and his followers often picket at military funerals. Snyder’s father stated that he often becomes tearful, angry, and physically ill when he thinks about the picketing at his son’s funeral. "[31], In a July 2011 speech, Justice Ginsburg called Alito's dissent "heart-felt" and said that it "underscored the incomparable distress suffered by the Snyder family," noting that "although no member of the Court joined him, his opinion aligned with the views of many Court-watchers, including one of the nation's newest—retired Justice Stevens, [who] recently told the Federal Bar Council he 'would have joined [Justice Alito's] powerful dissent'. Resolving the issue of whether speech regards a Following is the case brief for Snyder v. Phelps, 562 U.S. 443 (2011). The Court reasoned that the highly offensive expression was speech on a matter of public concern, uttered peacefully and lawfully on a public street. While the context of the speech occurred at Snyder’s funeral, it cannot be concluded that the speech was a personal attack on Matthew Snyder. https://www.supremecourt.gov/opinions/10pdf/09-751.pdf. The total judgment then stood at US$5,000,000 (equivalent to $5,958,585 in 2019). Whether an individual attending a family member's funeral constitutes a ", This page was last edited on 8 March 2021, at 20:20. Respondents’ Speech and Its Relation to “Matters of Public Concern” "[30] The decision also declined to expand the "captive audience doctrine", saying that Snyder was not in a state where he was coerced to hear the negative speech. The picket was held in a location cordoned off by the police, approximately 1000 feet (300 m) from the church, from which it could be neither seen nor heard. Snyder filed suit against Phelps, Phelps’s daughters, and the Westboro Baptist Church (collectively Westboro or the church) in the United States District Court for the District of Maryland under that court’s diversity jurisdiction. The speech was aimed at Matthew Snyder. Tinker v. Des Moines Ind. [10][12][13] WBC unsuccessfully sought a mistrial based on alleged prejudicial statements made by the judge and violations of the gag order by the plaintiff's attorney. The district court dismissed the free exercise claim, distinguishing statutory and criminal restrictions on religious practice from other types of restrictions. Id. Although a jury awarded the father $5 million following a trial, the Court of Appeals reversed the award on First Amendment grounds. [5] Members of the Patriot Guard Riders, a group of motorcyclists who separate WBC protesters from those who attend military funerals, were present in support of the Snyder family. of Wisconsin System v. Southworth, Friedrichs v. California Teachers Association, Regan v. Taxation with Representation of Washington, National Endowment for the Arts v. Finley, Walker v. Texas Div., Sons of Confederate Veterans, Houston Community College System v. Wilson, West Virginia State Board of Education v. Barnette. The Fourth Circuit Court of Appeals reversed the jury verdict and award on First Amendment grounds. The Westboro Baptist Church should not have been given protection of the First Amendment. Analyze the facts and case summary for Snyder v. Phelps. The Westboro Baptist Church, led by Fred Phelps, announced in advance that they would picket his funeral. "[7], Albert Snyder, Matthew Snyder's father, sued Fred Phelps, Westboro Baptist Church, and two of Phelps's daughters, Rebekah Phelps-Davis and Shirley Phelps-Roper, for defamation, intrusion upon seclusion, publicity given to private life, intentional infliction of emotional distress, and civil conspiracy. Lance Corporal Snyder’s father selected the Catholic church in the Snyders’ hometown of Westminster, Maryland, as the site for his son’s funeral. Snyder v. Phelps may represent the most difficult speech-tort case the Court has encountered to date. The U.S. Supreme Court heard arguments today from both sides of the Snyder v. Phelps case, which will decide whether a father's right to privacy and peaceable assembly at the funeral of his son outweighs the free speech rights of a religious group that staged a … The Fourth Circuit Court of Appeals reversed the jury verdict and set aside the lower court's $5 million judgment. In sum, the picketers addressed broad public issues, on public property, in a peaceful manner, without disrupting the funeral service. The church launched a cruel verbal attack on the Snyder family and caused lasting emotional injury.