Question

Case Brief: "Synder vs Phelps"

using the IRAC method

150 words required

CHAPTER 2 CONSTITUTIONAL LAW Fox Box AND E-COMMERCE 31 CASE 2.3 U.S. SUPREME COURT CASE Free Speech Snyder v. Phelps 131 S.Ct. 1207, 179 LEd.2d 172. Web 2011 U.S. Lexis 1903 (2011) Supreme Court of the United States "Speech is powerful. It can stir pople to action, move Amendment protected Westboro's speech and reversed the them to tears of both joy and sorrow, and as it did judgment, Snyder appealed to the U.S. Supreme Court here inflict great pain. On the facts before us, we can not react to that pain by punishing the speaker." Issue -Roberts, Chief Justice Does the Free Speech Clause of the First Amendment shield church members from tort liability for their funeral Facts picketing speech? Fred Phelps founded the Westboro Baptist Church in Topeka, Kansas. The church's congregation believes that Language of the U.S. Supreme Court God hates and punishes the United States for its tolerance The role of Westboro sign plainly relate to broad of homosexuality, particularly in America's military. The wel of interest to sory at large, rather that matter of church frequently communicates its views by picketing at "purely priate concern." Simply put the churc h es military funerals. In more than 20 years, the members of bad the right to be where they are Westboro Baptist have picketed at nearly 600 funerals. Gither Westhore's was af a public place on a Lance Corporal Matthew Snyder, a member of the matter of public concert, har bir entitled to special U.S. Marines, was killed in Iraq in the line of duty. prstation under the First A ndment. Surb we can Lance Corporal Snyder's father, Albert Snyder, selected not be restricted Ny bo i ispiting or aroures the Catholic Church in the Snyders' hometown of com India, the point of all spend protection is to Westminster, Maryland, as the site for his son's funeral shin jashow choices of content that in someone' s are Phelps decided to travel to Maryland with six other mirguided, or een burtid Westboro Baptist parishionerstwo of his daughters and Spec is powerful. It can air paple to action, moothem four of his grandchildren to picket at Lance Corporal to Mars of both joy and s t andar ir did bent inflict Snyder's funeral service. The Westboro congregation gmar pain. On the facts before a n d react to that members picketed while standing on public land adjacent pain by puwe thepaber. As a Nation to have chosen to a public street approximately 1,000 feet from the church. different to protect een burt speech on pub Hice They carried placards that read "God Hates the USA to cure that we do not atite public debate. That Thank God for 9/11," "America Is Doomed." "Don't choice quires that wasbild Westboro front fort liability for Pray for the USA," "Thank God for Dead Soldiers," and it picketing in this cat "You're Going to Hell. The picketers sang hymns and recited Bible verses. The funeral procession passed within Decision 200 to 300 feet of the picket site. The U.S. Supreme Court held that the First Amendment Albert Snyder filed a lawsuit against Phelps, Phelps's protected Wemboro's speech in this case. The U.S. daughters, and the Westboro Baptist Church (collective Supreme Court held that Mr. Snyder could not recover "Westboro") in U.S. district court. Snyder alleged inten- tort damages for the emotional distress he suffered because tional infliction of emotional distress and other state of Westboro's speech. law tort claims. Westboro argued that their speech was notected by the First Amendment. The jury found for Ethics Questions Snyder and held Westboro liable for $2.9 million in com- in Did the Westboro picketers know that they were pensatory damages and 58 million in punitive damages. The U.S. district court remitted the punitive damages to ing personal grief to Mr. Snyder, who had lost his son? $2.1 million. The U.S. court of appeals held that the First Should they have let Mr. Snyder bury his son in peace FREEDOM OF RELIGION Freedom of religion is a key concept addressed by the First Amendment. The First Amendment contains two separate religion clauses, the Establishment Clause and the Free Exercise Clouse. These two clauses are discussed in the following paragraphs.

Answer 1

IRAC is basically structured as Issue, Rule, Analysis, and Conclusion.

Fred Phelps founded that it was believed by the Westboro Baptist church’s congregation that God hates and punishes the US for its tolerance of homosexuality, particularly in the American military and communicated this by picketing at military funerals. Phelps decided to travel Maryland with church parishioners, Church’s congregation member to picket the funeral of an American militarian in public. Albert Synder, father of militarian sued Phelps for emotional distress.

Now, as per First Amendment, Speech at a public place on a matter of public concern is entitled to “special protection”. Point of speech protection is to shield just those choices of content that in someone’s eyes are misguided or hurtful.

Here, Speech of Westboro was at a public place and plainly related to broad issues of interest to society at large, rather than matters of “purely private concern” and followed First Amendment. Thus, the US Supreme court held that the first amendment protected Westboro’s speech and Mr. Syndeer could not recover tort damages for emotional distress.

This shows the power of speech as it can move people in tears, joy, and sorrow. The choice requires that Westboro must be a shield from tort liability for picketing.