First Amendment Library
ADVANCED SEARCHALBERT SNYDER, PETITIONER v. FRED W. PHELPS, SR., et al., 562 U.S. 443 (2011)
- Argued:
- October 06, 2010
- Decided:
- March 02, 2011
- Decided by:
- Roberts Court, 2010
- Legal Principle at Issue:
- Whether protests can be held liable in court for inflicting intentional emotional distress when picketing a funeral with hyperbolic signs, some of which are directed at the deceased.
- Action:
- The Supreme Court of the United States upheld the Fourth Circuit’s ruling that the picketing was protected expression.
Facts/Syllabus:
The Westboro Baptist Church picketed on public land one thousand feet from the funeral of Marine Lance Corporal Matthew Snyder, who had been killed in the line of duty in Iraq, with signs with statements that read “Fags Doom Nations,” “You’re Going to Hell,” and “Thank God for Dead Soldiers.” Snyder’s father sued under state civil law, including for intentional infliction of emotional distress.
Importance of Case:
Hurtful and hyperbolic expression that predominantly addresses a matter of public concern is protected by the 1st Amendment for purposes of state tort law claims.
The Supreme Court held that the picketing was protected by the 1st Amendment and precluded recovery for the plaintiff, relying on Hustler Magazine v. Falwell (1988), which had held that the 1st Amendment can bar recovery for intentional infliction of emotional distress; Connick v. Meyers (1983), which held that matters of public concern receive special protection; Rankin v. McPherson (1987), which held that whether a statement addresses public concern is not impacted by its controversial expression; and Rowan v. U.S. Post Office Dept. (1970), which had articulated a captive audience doctrine different from the circumstances here. Westboro’s picketing addressed public issues like homosexuality in the military and the fate of the nation and maintained a distance from the funeral service as to not make the plaintiff a captive audience. That some messaging directly addressed the memory of Matthew Snyder and that the messaging was expressed in a hurtful manner did not change the picketing’s dominant emphasis on matters of public concern.
Majority Opinion
John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Ginsburg Sonia Sotomayor Elena Kagan
Concurring Opinion
Dissenting Opinion
DEBORAH MORSE, et al. v. JOSEPH FREDERICK, 551 U.S. 393 (2007)
- Related Sub-Topic:
- Protests
VIRGINIA v. BARRY ELTON BLACK, RICHARD J. ELLIOTT, AND JONATHAN O’MARA, 538 U.S. 343 (2003)
- Related Sub-Topics:
- Hateful Speech, Protests
PAUL SCHENCK AND DWIGHT SAUNDERS v. PRO-CHOICE NETWORK OF WESTERN NEW YORK et al., 519 U.S. 357 (1997)
- Related Sub-Topic:
- Protests
JOHN J. HURLEY AND SOUTH BOSTON ALLIED WAR VETERANS COUNCIL v. IRISH-AMERICAN GAY, LESBIAN AND BISEXUAL GROUP OF BOSTON, ETC., et al., 515 U.S. 557 (1995)
- Related Sub-Topic:
- Protests
WISCONSIN v. TODD MITCHELL, 508 U.S. 476 (1993)
- Related Sub-Topic:
- Hateful Speech
R.A.V. v. CITY OF ST. PAUL, MINNESOTA, 505 U.S. 377 (1992)
- Related Sub-Topics:
- Hateful Speech, Protests
DAVID DAWSON v. DELAWARE, 503 U.S. 159 (1992)
- Related Sub-Topic:
- Hateful Speech
UNITED STATES v. SHAWN D. EICHMAN, DAVID GERALD BLALOCK AND SCOTT W. TYLER, 496 U.S. 310 (1990)
- Related Sub-Topic:
- Protests
FEDERAL TRADE COMMISSION v. SUPERIOR COURT TRIAL LAWYERS ASSOCIATION et al., 493 U.S. 411 (1990)
- Related Sub-Topic:
- Protests
CITY OF HOUSTON, TEXAS v. HILL, 482 U.S. 451 (1987)
- Related Sub-Topic:
- Protests
UNITED STATES v. ALBERTINI, 472 U.S. 675 (1985)
- Related Sub-Topic:
- Protests
CLARK, SECRETARY OF THE INTERIOR, et al. v. COMMUNITY FOR CREATIVE NON-VIOLENCE et al., 468 U.S. 288 (1984)
- Related Sub-Topic:
- Protests
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE et al. v. CLAIBORNE HARDWARE CO. et al., 458 U.S. 886 (1982)
- Related Sub-Topic:
- Protests
CAREY, STATE’S ATTORNEY OF COOK COUNTY v. BROWN et al., 447 U.S. 455 (1980)
- Related Sub-Topic:
- Protests
NATIONAL SOCIALIST PARTY OF AMERICA et al. v. VILLAGE OF SKOKIE, 432 U.S. 43 (1977)
- Related Sub-Topic:
- Hateful Speech
SPENCE v. WASHINGTON, 418 U.S. 405 (1974)
- Related Sub-Topic:
- Protests
SMITH, SHERIFF v. GOGUEN, 415 U.S. 566 (1974)
- Related Sub-Topic:
- Protests
LEWIS v. CITY OF NEW ORLEANS, 415 U.S. 130 (1974)
- Related Sub-Topic:
- Protests
NORWELL v. CITY OF CINCINNATI, 414 U.S. 14 (1973)
- Related Sub-Topic:
- Protests
PLUMMER v. CITY OF COLUMBUS, 414 U.S. 2 (1973)
- Related Sub-Topic:
- Protests
POLICE DEPARTMENT OF THE CITY OF CHICAGO et al. v. MOSLEY, 408 U.S. 92 (1972)
- Related Sub-Topic:
- Protests
GRAYNED v. CITY OF ROCKFORD, 408 U.S. 104 (1972)
- Related Sub-Topic:
- Protests
GOODING, WARDEN v. WILSON, 405 U.S. 518 (1972)
- Related Sub-Topic:
- Protests
COATES et al. v. CITY OF CINCINNATI, 402 U.S. 611 (1971)
- Related Sub-Topic:
- Protests
SCHACHT v. UNITED STATES, 398 U.S. 58 (1970)
- Related Sub-Topic:
- Protests
BACHELLAR et al. v. MARYLAND, 397 U.S. 564 (1970)
- Related Sub-Topic:
- Protests
JONES v. STATE BOARD OF EDUCATION OF TENNESSEE et al., 397 U.S. 31 (1970)
- Related Sub-Topic:
- Protests
COWGILL v. CALIFORNIA, 396 U.S. 371 (1970)
- Related Sub-Topic:
- Protests
BRANDENBURG v. OHIO, 395 U.S. 444 (1969)
- Related Sub-Topic:
- Hateful Speech
GREGORY et al. v. CITY OF CHICAGO, 394 U.S. 111 (1969)
- Related Sub-Topic:
- Protests
SHUTTLESWORTH v. CITY OF BIRMINGHAM, 394 U.S. 147 (1969)
- Related Sub-Topic:
- Protests
TINKER et al. v. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT et al., 393 U.S. 503 (1969)
- Related Sub-Topic:
- Protests
CARROLL et al. v. PRESIDENT AND COMMISSIONERS OF PRINCESS ANNE et al., 393 U.S. 175 (1968)
- Related Sub-Topic:
- Hateful Speech
UNITED STATES v. O’BRIEN, 391 U.S. 367 (1968)
- Related Sub-Topic:
- Protests
ZWICKER et al. v. BOLL, DISTRICT ATTORNEY OF DANE COUNTY et al., 391 U.S. 353 (1968)
- Related Sub-Topic:
- Protests
CAMERON et al. v. JOHNSON, GOVERNOR OF MISSISSIPPI, et al., 390 U.S. 611 (1968)
- Related Sub-Topic:
- Protests
WALKER et al. v. CITY OF BIRMINGHAM, 388 U.S. 307 (1967)
- Related Sub-Topic:
- Protests
TURNER et al. v. NEW YORK, 386 U.S. 773 (1967)
- Related Sub-Topic:
- Protests
ADDERLEY et al. v. FLORIDA, 385 U.S. 39 (1966)
- Related Sub-Topic:
- Protests
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE et al. v. OVERSTREET, 384 U.S. 118 (1966)
- Related Sub-Topic:
- Protests
BROWN et al. v. LOUISIANA, 383 U.S. 131 (1966)
- Related Sub-Topic:
- Protests
SHUTTLESWORTH v. CITY OF BIRMINGHAM, 382 U.S. 87 (1965)
- Related Sub-Topic:
- Protests
HENRY et al. v. CITY OF ROCK HILL, 376 U.S. 776 (1964)
- Related Sub-Topic:
- Protests
FIELDS et al. v. CITY OF FAIRFIELD., 375 U.S. 248 (1963)
- Related Sub-Topic:
- Protests
FIELDS et al. v. SOUTH CAROLINA, 372 U.S. 522 (1963)
- Related Sub-Topic:
- Protests
EDWARDS et al. v. SOUTH CAROLINA, 372 U.S. 229 (1963)
- Related Sub-Topic:
- Protests
BEAUHARNAIS v. ILLINOIS, 343 U.S. 250 (1952)
- Related Sub-Topic:
- Hateful Speech
HUGHES ET AL. v. SUPERIOR COURT OF CALIFORNIA FOR CONTRA COSTA COUNTY, 339 U.S. 460 (1950)
- Related Sub-Topic:
- Protests
TERMINIELLO v. CHICAGO, 337 U.S. 1 (1949)
- Related Sub-Topic:
- Hateful Speech
KOVACS v. COOPER, JUDGE, 336 U.S. 77 (1949)
- Related Sub-Topic:
- Protests
CARLSON v. CALIFORNIA, 310 U.S. 106 (1940)
- Related Sub-Topic:
- Protests
NEAR v. MINNESOTA EX REL. OLSON, COUNTY ATTORNEY, 283 U.S. 697 (1931)
- Related Sub-Topic:
- Hateful Speech
External Resources:
- David L. Hudson Jr., “Snyder v. Phelps (2011),” First Amendment Encyclopedia.
Topics: Freedom of Assembly & Petition, Freedom of Speech & Expression, Hateful Speech, Protests
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