Do you think the Free Speech Clause of the First Amendment shield church members from tort liability
Question:
- Do you think the Free Speech Clause of the First Amendment shield church members from tort liability for their picketing speech at funerals? Fully explain your reasoning using legal concepts about the extent and limitations of free speech. See below example.
Fred Phelps founded the Westboro Baptist Church in Topeka, Kansas. The church’s congregation believes that God hates and punishes the United States. The church frequently communicates its views by picketing at military funerals.
Lance Corporal Matthew Snyder, a member of the U.S. Marines, was killed in Iraq in the line of duty. Lance Corporal Snyder’s father, Albert Snyder, selected the Catholic Church in the Snyders’ hometown of Westminster, Maryland, as the site for his son’s funeral. Phelps traveled to Maryland with 6 other Westboro Baptist parishioners to picket at Lance Corporal Snyder’s funeral service. The Westboro congregation members picketed while standing on public land adjacent to a public street approximately 1,000 feet from the church. They carried placards that read “God Hates the USA/Thank God for 9/11,” “America Is Doomed,” “Thank God for Dead Soldiers,” and “You’re Going to Hell.” The picketers sang hymns and recited Bible verses. The funeral procession passed within 200 to 300 feet of the picket site.
Albert Snyder filed a lawsuit against Phelps and the Westboro Baptist Church (“Westboro”) in U.S. district court. Snyder alleged intentional infliction of emotional distress and other state law tort claims. Westboro argued that their speech was protected by the First Amendment. The jury found for Snyder and held Westboro liable for $2.9 million in compensatory damages and $8 million in punitive damages. The U.S. district court lowered the punitive damages to $2.1 million. The U.S. court of appeals held that the First Amendment protected Westboro’s speech and reversed the judgment. Snyder appealed to the U.S. Supreme Court. Snyder v. Phelps, 562 U.S. 443, 131 S.Ct. 1207, 2011 U.S. Lexis 1903 (Supreme Court of the United States, 2011)
Expert Answer:
In the case of Snyder v Phelps the issue at hand was whether the Free Speech Clause of the First Amendment protects church members from tort liability ... View the full answer
