Wednesday, 27 February 2013

Snyder v. Phelps, 562 U.S. ___ (2011)

Snyder v. Phelps

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Snyder v. Phelps
Seal of the United States Supreme Court.svg Supreme Court of the United States
Argued October 6, 2010
Decided March 2, 2011
Full case name Albert Snyder v. Fred W. Phelps, Sr.; Westboro Baptist Church, Incorporated; Rebekah A. Phelps-Davis; Shirley L. Phelps-Roper
Docket nos. 09-751
Citations 562 U.S. ___ (more)
131 S. Ct. 1207; 179 L. Ed. 2d 172; 2011 U.S. LEXIS 1903; 79 U.S.L.W. 4135; 39 Media L. Rep. 1353; 22 Fla. L. Weekly Fed. S 836
Prior history Judgment for the plaintiff, 533 F.Supp.2d 567 (D. Md., 2008); reversed, 580 F.3d 206 (4th Cir., 2009)
Argument Oral argument
Holding
Speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous." Fourth Circuit affirmed, trial court reversed and remanded.
Court membership
Case opinions
Majority Roberts, joined by Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
Concurrence Breyer
Dissent Alito
Laws applied
U.S. Const. amend. I
Snyder v. Phelps, 562 U.S. ___ (2011), was a United States Supreme Court case in which the Court held that speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous".
At issue was whether the First Amendment protected protests of public protestors at a funeral against tort liability. It involved a claim of intentional infliction of emotional distress made by Albert Snyder, the father of Matthew Snyder, a Marine who died in the Iraq War. The claim was made against the Phelps family, including Fred Phelps, and against Phelps' Westboro Baptist Church (WBC). The Court ruled in favor of Phelps in an 8–1 decision, holding that their speech related to a public issue, and was disseminated on a public sidewalk.

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