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2011 United States Supreme Court case

Snyder v. Phelps

Supreme Court of the United States
Argued Oct 6, 2010
Decided March 2, 2011
Total instance proper noun Albert Snyder v. Fred W. Phelps, Sr.; Westboro Baptist Church, Incorporated; Rebekah A. Phelps-Davis; Shirley L. Phelps-Roper
Docket no. 09-751
Citations 562 U.S. 443 (more)

131 S. Ct. 1207; 179 L. Ed. 2nd 172; 2011 U.S. LEXIS 1903; 79 U.s.L.W. 4135; 39 Media L. Rep. 1353; 22 Fla. 50. Weekly Fed. Due south 836
Argument Oral argument
Opinion announcement Opinion announcement
Example history
Prior Judgment for the plaintiff, 533 F. Supp. 2nd 567 (D. Md. 2008); reversed, 580 F.3d 206 (4th Cir. 2009); cert. granted, 559 U.Due south. 990 (2010).
Holding
Speech on a matter of public business organisation, in a public identify, cannot be the basis of liability for a tort of emotional distress. Fourth Circuit affirmed, trial court reversed and remanded.
Court membership
Primary Justice
John Roberts
Associate Justices
Antonin Scalia· Anthony Kennedy
Clarence Thomas· Ruth Bader Ginsburg
Stephen Breyer· Samuel Alito
Sonia Sotomayor· Elena Kagan
Case opinions
Bulk Roberts, joined by Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
Concurrence Breyer
Dissent Alito
Laws practical
U.S. Const. ameliorate. I

Snyder five. Phelps , 562 U.S. 443 (2011), was a landmark conclusion of the United states Supreme Court ruling that speech on a matter of public business organization, 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 case brought up the issue of whether or not the Kickoff Amendment protected public protestors at a funeral against claims of emotional distress, amend known as tort liability. It involved a claim of intentional infliction of emotional distress, claimed by Albert Snyder, a man[two] whose son Matthew Snyder, a U.S. Marine, was killed during the Republic of iraq State of war. The claim was fabricated in response to the actions of the Phelps family as well as the Westboro Baptist Church building (WBC) who were also present at the picketing of the funeral. 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 every bit information technology was on public property.

Background [edit]

Incident [edit]

On March iii, 2006, U.South. Marine Lance Corporal Matthew A. Snyder was killed in a not-combat-related vehicle blow in Republic of iraq.[iii] [4] On March 10, Westboro Baptist Church (WBC) picketed Snyder's funeral in Westminster, Maryland, as it had washed at thousands of other funerals throughout the U.S. in protestation of what they considered an increasing tolerance of homosexuality in the United States. Picketers, who were located approximately 1,000 anxiety away on public land, displayed placards such every bit "God Hates the Us/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," "Y'all're Going to Hell," and "God Hates You.", "Fag troops", "Semper fi fags" and "Thank God for expressionless soldiers".[5] [six] Members of the Patriot Guard Riders, a grouping of motorcyclists who separate WBC protesters from those who attend military funerals, were nowadays in support of the Snyder family unit.[7] WBC published statements on their website that denounced Albert Snyder and his ex-married woman for raising their son Catholic, stating they "taught Matthew to defy his creator", "raised him for the devil", and "taught him that God was a liar."[8]

District Court of Maryland [edit]

Albert Snyder, Matthew Snyder's male parent, sued Fred Phelps, Westboro Baptist Church, and 2 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.[8] The merits of defamation arising from comments posted about Snyder on the WBC website was dismissed, on the grounds that the contents were "essentially Phelps-Roper'southward religious opinion and would not realistically tend to expose the Plaintiff to public hatred or scorn".[9] The claim of publicity given to individual life was similarly dismissed since no individual data was made public by the Defendants: the WBC learned that Snyder was divorced and his son was Catholic from his son's newspaper obituary. The case proceeded to trial on the remaining iii counts.[9]

The facts of the example were essentially undisputed at trial and Albert Snyder testified:

"[The WBC] turned this funeral into a media circus and they wanted to injure my family. They wanted their message heard and they didn't care who they stepped over. My son should have been cached with nobility, non with a bunch of clowns outside".[ten]

Snyder described his emotional injuries as: condign tearful, angry, and physically nauseated to the point that he would vomit. He stated that the Defendants had placed a "bug" in his caput, then that he was unable to recall of his son without thinking of their actions, calculation, "I want so badly to remember all the good stuff and then far, I remember the good stuff, but information technology always turns into the bad".[xi] Snyder chosen several skilful witnesses who testified that worsening of his diabetes and severe depression had resulted from the Defendants' activities.[12]

In their defense, WBC established that they had complied with all local ordinances and had obeyed police instructions. The picket was held in a location cordoned off by the police, approximately 1000 feet (300 one thousand) from the church, from which it could be neither seen nor heard. Mr. Snyder testified that, although he glimpsed the tops of the signs from the funeral procession, he did not encounter their content until he watched a news programme on goggle box after that day. He also indicated that he had constitute the WBC'south statements nearly his son on their webpage from a Google search.[11]

In his instructions to the jury, Judge Richard D. Bennett for the United States District Court for the Commune of Maryland stated that the First Amendment protection of gratis speech has limits, including vulgar, offensive and shocking statements, and that the jury must determine "whether the defendant's deportment would exist highly offensive to a reasonable person, whether they were extreme and outrageous and whether these actions were so offensive and shocking equally to not exist entitled to First Amendment protection".[11] [xiii] [14] WBC unsuccessfully sought a mistrial based on alleged prejudicial statements made by the judge and violations of the gag order by the plaintiff'south attorney. An appeal was also sought by the WBC.[xv]

On October 31, 2007, the jury found for the Plaintiff and awarded Snyder $2,900,000 in compensatory amercement, later adding a determination to accolade $half dozen,000,000 in punitive damages for invasion of privacy and an additional $2,000,000 for causing emotional distress (a total of U.s.$10,900,000 (equivalent to $14,244,696 in 2021)). The Phelpses said that despite the verdict, the church would continue to picket armed services funerals.[xvi] On Feb 4, 2008, Bennett upheld the verdict but reduced the castigating damages from $8 one thousand thousand to $2.1 one thousand thousand, to take into consideration the resource of WBC. The total judgment then stood at US$5,000,000 (equivalent to $6,315,340 in 2021). Court liens were ordered on church buildings and Phelps' police part in an effort to ensure that the damages were paid.[17]

Court of Appeals for the Fourth Excursion [edit]

An appeal past WBC was heard on September 24, 2009. The Quaternary Circuit Courtroom of Appeals reversed the jury verdict and set aside the lower court's $5 million judgment. The Fourth Circuit ruled that the lower courtroom had erred past instructing the jury to decide a question of law rather than fact (specifically, whether or non the speech in question was protected by the Commencement Amendment). The Fourth Circuit too 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.[eleven] [18] On March thirty, 2010, the Courtroom further ordered Albert Snyder to pay the court costs for the defendants, an amount totaling $xvi,510. People all over the state, including political commentator Bill O'Reilly agreed to cover the costs, awaiting appeal. O'Reilly also pledged to support all of Snyder's time to come court costs against the Phelps family.[19]

Final entreatment [edit]

A writ of certiorari was filed on March 8, 2010.[xx] Arguments were heard beginning on Oct thirteen, represented by 3 of Phelps' daughters, including Margie Phelps.[21] [22]

Issues [edit]

The questions presented were as follows:[20]

  1. Whether the prohibition of awarding damages to public figures to recoup for the intentional infliction of emotional distress, nether the Supreme Courtroom's Get-go Amendment precedents, applies to a example involving two private persons regarding a private matter.
  2. Whether the freedom of spoken language guaranteed by the First Amendment trumps its freedom of religion and peaceful assembly.
  3. Whether an individual attention a family fellow member'due south funeral constitutes a "captive audition" who is entitled to state protection from unwanted advice.

Briefs [edit]

Several news and civil rights organizations filed amicus briefs in back up of Phelps, including the American Ceremonious Liberties Union,[23] the Reporters Committee for Freedom of the Press, and twenty-ane other media organizations, including National Public Radio, Bloomberg 50.P., the Associated Press, the Newspaper Clan of America, and others.[24]

Other briefs were filed in favor of Snyder, including one past Senate Bulk and Minority Leaders Mitch McConnell and Harry Reid, and forty other members of the Us Senate.[25] A number of veterans groups, including the Veterans of Foreign Wars[26] and the American Legion,[27] the John Marshall Veterans Legal Back up Center and Dispensary,[28] and another by Kansas which was joined by District of Columbia and every other Land except Delaware and Maine.[29]

Ruling [edit]

In an 8–ane determination the Supreme Court ruled in favor of Phelps, upholding the Fourth Circuit's conclusion. Chief Justice John Roberts (as in the Stevens case) wrote the majority opinion stating "What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the Get-go Amendment and that protection cannot be overcome by a jury finding that the picketing was outrageous."[30]

The court's opinion also stated that the memorial service was not disturbed, saying, "Westboro stayed well away from the memorial service, Snyder could encounter no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself."[31] The decision also declined to expand the "convict audition doctrine", saying that Snyder was non in a state where he was coerced to hear the negative voice communication.[32]

Justice Stephen Breyer wrote a concurring opinion, emphasizing his view that the decision related only to picketing, and did not take into consideration Westboro Baptist Church building'due south on-line publications that attacked the Snyder family.[33]

Alito'due south dissent [edit]

Justice Samuel Alito was the solitary dissenting justice in this example, beginning his dissent with, "Our profound national commitment to complimentary and open contend is not a license for the vicious verbal set on that occurred in this case."[30] He sternly criticized the Church building's conduct writing:

[Westboro did non] dispute that their speech communication was "and so outrageous in character, and so extreme in degree, every bit to go beyond all possible bounds of decency, and to exist regarded as awful, and utterly intolerable in a civilized community." Instead, they maintained that the Start Amendment gave them a license to engage in such conduct. They are wrong.

He concluded, "In guild to have a order in which public bug can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims similar petitioner."[32]

In a July 2011 speech communication, Justice Ginsburg called Alito's dissent "middle-felt" and said that it "underscored the incomparable distress suffered by the Snyder family unit," noting that "although no member of the Court joined him, his opinion aligned with the views of many Court-watchers, including i of the nation's newest—retired Justice Stevens, [who] recently told the Federal Bar Council he 'would take joined [Justice Alito's] powerful dissent'."[34] (Justice John Paul Stevens had retired in 2010.)

Meet too [edit]

  • Fighting words
  • First Subpoena to the Usa Constitution
  • Fred Phelps
  • Freedom of speech
  • Gertz v. Robert Welch, Inc.
  • Hustler Mag five. Falwell
  • Intentional infliction of emotional distress
  • List of Us Supreme Court cases, volume 562
  • Miller test
  • New York Times Co. v. Sullivan
  • Rowan 5. U.S. Post Function Dept.

References [edit]

  1. ^ Snyder v. Phelps, 562 U.S. 443 (2011). This commodity incorporates public domain fabric from judicial opinions or other documents created by the federal judiciary of the United States.
  2. ^ "He Looked Hate in the Centre". Politico.
  3. ^ Public Domain This article incorporates public domain textile from the U.S. Department of Defense document:"2 Marines Killed in Iraq; Previous Casualties Identified". annal.defence.gov (Press release). U.Due south. Dept. of Defence. 2006-03-06. Retrieved 2017-10-26 .
  4. ^ Canty, Michele (Nov 25, 2007). "Armed services Report Details Crash". York Daily Record. York, Pennsylvania. Archived from the original on 2013-09-06. Retrieved 2013-05-27 .
  5. ^ "Snyder v. Phelps". Electronic Privacy Information Center. Retrieved 2013-05-27 .
  6. ^ Snyder v. Phelps, 562 U.S. 443 (2011). This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the U.s..
  7. ^ Bates, Theunis (March 2, 2011). "One Family's Fight Confronting the Westboro Baptist Church". AOL.com. Archived from the original on 2013-05-xv. Retrieved 2013-05-27 .
  8. ^ a b Snyder v. Phelps , No. 1:06-cv-01389 (D. Physician. Jun. 5, 2006).
  9. ^ a b Snyder v. Phelps , 533 F. Supp. 2d 567 (D. Physician. 2008).
  10. ^ Marso, Andy (2011-03-02). "Supreme Courtroom Upholds Anti-Gay Church's Protest Rights in Md. Example". Upper-case letter News Service . Retrieved 2013-05-28 .
  11. ^ a b c d Snyder v. Phelps , 580 F.3d 206 (fourth Cir. 2009). This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the United states of america.
  12. ^ Simmons, Melody (2007-10-27). "Marine's Father Sues Church for Cheering Son's Expiry". The New York Times . Retrieved 2013-05-28 .
  13. ^ See also Chaplinsky v. New Hampshire, a case where certain personal slurs and obscene utterances by an private were institute unworthy of Outset Amendment protection, due to the potential for violence resulting from their utterance.
  14. ^ Donaldson-Evans, Catherine (2007-ten-26). "Father of Marine Killed in Iraq Sues Church building for Cheering Expiry, Appeals to Public Online for Help". Fox News . Retrieved 2013-05-28 .
  15. ^ "$11M Damage Honor for Picketing Funeral". The Seattle Times. 2007-11-01. Retrieved 2013-05-28 .
  16. ^ Dominguez, Alex (2007-11-01). "Jury Awards Father $11M in Funeral Case". United states Today . Retrieved 2013-05-28 .
  17. ^ Hall, Mike (2008-04-04). "Walls Close in on Phelpses". The Topeka Capital-Journal. Archived from the original on 2013-05-02. Retrieved 2013-05-28 .
  18. ^ "Courtroom Says GI Funeral Protests Legal". Baltimore Sun. Military.com. 2009-09-25. Retrieved 2013-05-28 .
  19. ^ "Fallen Marine's Dad Gets O'Reilly Backing". CBS News. 2010-x-10. Retrieved 2013-05-28 .
  20. ^ a b "09-751 Snyder V. Phelps" (PDF). Supreme Court. 2010-03-08. Retrieved 2010-10-17 . This commodity incorporates public domain fabric from judicial opinions or other documents created past the federal judiciary of the Us.
  21. ^ Liptak, Adam (2010-10-06). "Justices Take Up Funeral-Protest Example". The New York Times . Retrieved 2013-05-28 .
  22. ^ Sulzberger, A.J. (2010-10-09). "In Topeka, the Price of Gratis Speech". The Topeka Capital-Periodical . Retrieved 2013-05-28 .
  23. ^ Shapiro, Steven R.; Deborah A. Jeon; Joel Kleinman (2010-07-fourteen). "Cursory for the American Ceremonious Liberties Matrimony and the American Ceremonious Liberties Union of Maryland as Amici Curiae in Back up of Respondent" (PDF). American Civil Liberties Spousal relationship. Retrieved 2013-05-28 .
  24. ^ Burke, Thomas R.; Bruce E.H. Johnson; Robert Corn-Revere. "Cursory Amici Curiae of the Reporters Committee for Freedom of the Press and Twenty-1 News Media Organizations in Back up of Respondent" (PDF). Reporters Commission for Freedom of the Press. Retrieved 2013-05-28 .
  25. ^ Dellinger, Walter; Jonathan D. Hacker; Justin Florence; et al. (2010-05-28). "Brief for Senators Harry Reid and Mitch McConnell and 40 Other Members of the U.S. Senate as Amici Curiae in Support of Petitioner" (PDF). O'Melveny & Myers LLP. Retrieved 2010-x-09 .
  26. ^ Maher, Lawrence M.; Timothy J. Nieman; Dean H. Dusinberre (2010-05-28). "Brief for the Veterans of Strange Wars of the United States as Amici Curiae in Support of Petitioner" (PDF). The Veterans of Foreign Wars of the United States. Retrieved 2010-ten-09 .
  27. ^ Corberly, Linda T.; Paul Onderdonk; Cistron C. Schaefr; et al. (June 2010). "Brief for the American Legion as Amici Curiae in Back up of Petitioner" (PDF). The American Legion. Retrieved 2013-05-28 .
  28. ^ Larson, Paul; Michael Seng; Joseph Butler; et al. "Brief for the John Marshall Constabulary Schoolhouse Veterans Legal Support Center & Clinic and the Chicago Schoolhouse of Professional person Psychology as Amici Curiae in Support of Petitioner" (PDF). The Veterans of Foreign Wars of the United states. Retrieved 2013-05-28 .
  29. ^ Six, Steven; Stephen R. McAllister; Kristafer R. Ailslieger (June 2010). "Brief for the State of Kansas and 47 Other States and the District of Columbia as Amici Curiae in Support of Petitioner" (PDF). Land of Kansas. Retrieved 2013-05-28 .
  30. ^ a b Geidner, Chris (2011-03-02). "Supreme Court Upholds Westboro Baptist Church building Members' Right to Spotter Funerals". Metro Weekly. Archived from the original on 2013-02-08. Retrieved 2013-05-28 .
  31. ^ Mears, Bill (2011-03-02). "Anti-gay church building'south right to protest at military funerals is upheld". CNN.com . Retrieved 2013-05-28 .
  32. ^ a b Gregory, Sean (2011-03-03). "Why the Supreme Court Ruled for Westboro". Fourth dimension Magazine. Archived from the original on March 4, 2011. Retrieved 2013-08-28 .
  33. ^ Barnes, Robert (2011-03-03). "Supreme Court Rules First Amendment Protects Church building's Correct to Lookout Funerals". Washington Post . Retrieved 2013-05-28 .
  34. ^ Ginsburg, Ruth Bader (2011-07-22). "A Survey of the 2010 Term for presentation to the Otsego County Bar Association Cooperstown State Club". United States Supreme Court. Retrieved 2013-05-28 .

External links [edit]

  • Text of Snyder five. Phelps, 562 U.S. 443 (2011) is available from:CourtListener Google Scholar Justia Supreme Court (slip opinion)
  • Docket No. 09-751; Albert Snyder v. Fred Westward. Phelps, Sr., et al on Supreme Court website
    • Oral Argument Transcripts and audio
  • SCOTUSBlog wiki on Snyder v. Phelps
  • Oral Arguments on Oyez.org
  • Archive of Snyder v. Phelps coverage from Albert Snyder's hometown paper

caudillhationers.blogspot.com

Source: https://en.wikipedia.org/wiki/Snyder_v._Phelps

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