Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Case 6.1
SNYDER V. PHELPS
United States Supreme Court
562 U.S. 443; 131 S. Ct. 1207; 2011 U.S. LEXIS 1903 [March 2, 2011]
FACTS:
For 20 years, the Westboro Baptist Church has picketed military funerals to communicate its belief
that God hates the U.S. for its tolerance of homosexuality, especially in America’s military.
Fred Phelps, who founded the church and six parishioners (all relatives of Phelps), traveled to
Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in
the line of duty.
The picketing took place on public land about 1000 feet from the church where the funeral was
held. The picketers stayed on public land and followed police instructions and restrictions.
The picketers peacefully displayed their signs: “Thank God for Dead Soldiers,” “Fags Doom
Nations,” “America is Doomed,” “Priests Rape Boys,” and “You’re Going to Hell,”—for 30 minutes
before the funeral.
Mr. Snyder saw the tops of the picket signs when driving to the funeral but did not learn what was
written on them until later when he watched the news’ broadcast.
PROCEDURE: A jury awarded Snyder $2.9 million in compensatory damages and $8 million in punitive
damages. The U.S. District Court remitted aggregate punitive damages to $2.1 million and denied post-
trial motions. The U.S. Court of Appeals reversed.
ISSUE: Whether or not the First Amendment shields the Westboro Baptist Church members from tort
liability based on their speech?
RULE: “Speech deals with matters of public concern when it can be fairly considered as relating to any
matter of political, social, or other concerns of the community.”
REASONING:
1. Speech on public issues occupies the “highest rung of the hierarchy of First Amendment values and
is entitled to special protection.”
2. The content of Westboro’s signs relates to public rather than private matters.
ensure that public debate is not stifled, Westboro must be shielded from tort liability in this case.
ADDITIONAL INFORMATION:
The jury verdict imposing tort liability on Westboro for intentional infliction of emotional distress
was set aside because to succeed on such a claim in Maryland a plaintiff must demonstrate that the
defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the
plaintiff to suffer severe emotional distress.
The court did not apply the captive audience doctrine in this case because the protestors stayed in
the authorized location, away from the memorial service, and the funeral service was not
