Snyder v. Phelps

''Snyder v. Phelps'', 562 U.S. 443 (2011), was a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous"..

The case brought up the issue of whether or not the First Amendment protected public protestors at a funeral against claims of emotional distress, better known as tort liability. It involved a claim of intentional infliction of emotional distress, claimed by Albert Snyder, a man whose son Matthew Snyder, a U.S. Marine, was killed during the Iraq War. The claim was made in response to the actions of the Phelps family as well as the Westboro Baptist Church (WBC) who were also present at the picketing of the funeral. The Court ruled in favor of Phelps in an 8–1 decision, determining that their speech related to a public issue was completely protected, and could not be prevented as it was on public property.

Background

Incident

On March 3, 2006, U.S. Marine Lance Corporal Matthew A. Snyder was killed in a non-combat-related vehicle accident in Iraq. On March 10, Westboro Baptist Church (WBC) picketed Snyder's funeral in Westminster, Maryland, as it had done at thousands of other funerals throughout the U.S. in protest of what they considered an increasing LGBT rights in the United States. Picketers, who were located approximately 1,000 feet away on public land, displayed placards such as "God Hates the USA/Thank God for 9/11", "America is Doomed", "Don't Pray for the USA", "Thank God for IEDs", "Pope in Hell", "Priests Rape Boys", "God Hates Fag", "You're Going to Hell", "God Hates You", "Fag troops", " Semper fi fags", and "Thank God for dead soldiers". Members of the Patriot Guard Riders, a group of motorcyclists who separate WBC protesters from those who attend military funerals, were present in support of the Snyder family. WBC published statements on their website that denounced Albert Snyder and his ex-wife for raising their son Catholic, stating they "taught Matthew to defy his creator", "raised him for the devil", and "taught him that God was a liar."

District Court of Maryland

Albert Snyder, Matthew Snyder's father, sued Fred Phelps, Westboro Baptist Church, and two of Phelps's daughters, Rebekah Phelps-Davis and Shirley Phelps-Roper, for defamation, intrusion upon seclusion, publicity given to private life, intentional infliction of emotional distress, and civil conspiracy. The claim of defamation arising from comments posted about Snyder on the WBC website was dismissed, on the grounds that the contents were "essentially Phelps-Roper's religious opinion and would not realistically tend to expose the Plaintiff to public hatred or scorn". The claim of publicity given to private life was similarly dismissed since no private information was made public by the Defendants: the WBC learned that Snyder was divorced and his son was Catholic from his son's newspaper obituary. The case proceeded to trial on the remaining three counts.

The facts of the case were essentially undisputed at trial and Albert Snyder testified:

Snyder described his emotional injuries as: becoming tearful, angry, and physically nauseated to the point that he would vomit. He stated that the Defendants had placed a "bug" in his head, so that he was unable to think of his son without thinking of their actions, adding, "I want so badly to remember all the good stuff and so far, I remember the good stuff, but it always turns into the bad". Snyder called several expert witnesses who testified that worsening of his diabetes and severe depression had resulted from the Defendants' activities.

In their defense, WBC established that they had complied with all local ordinances and had obeyed police instructions. The picket was held in a location cordoned off by the police, approximately 1000 feet (300 m) from the church, from which it could be neither seen nor heard. Mr. Snyder testified that, although he glimpsed the tops of the signs from the funeral procession, he did not see their content until he watched a news program on television later that day. He also indicated that he had found the WBC's statements about his son on their webpage from a Google search.

In his instructions to the jury, Judge Richard D. Bennett for the United States District Court for the District of Maryland stated that the First Amendment protection of free speech has limits, including vulgar, offensive and shocking statements, and that the jury must decide "whether the defendant's actions would be highly offensive to a reasonable person, whether they were extreme and outrageous and whether these actions were so offensive and shocking as to not be entitled to First Amendment protection". WBC unsuccessfully sought a mistrial based on alleged prejudicial statements made by the judge and violations of the gag order by the plaintiff's attorney. An appeal was also sought by the WBC.

On October 31, 2007, the jury found for the Plaintiff and awarded Snyder $2,900,000 in compensatory damages, later adding a decision to award $6,000,000 in punitive damages for invasion of privacy and an additional $2,000,000 for causing emotional distress (a total of ). The Phelpses said that despite the verdict, the church would continue to picket military funerals. On February 4, 2008, Bennett upheld the verdict but reduced the punitive damages from $8 million to $2.1 million, to take into consideration the resources of WBC. The total judgment then stood at . Court liens were ordered on church buildings and Phelps' law office in an attempt to ensure that the damages were paid.

Court of Appeals for the Fourth Circuit

An appeal by WBC was heard on September 24, 2009. The United States Court of Appeals for the Fourth Circuit reversed the jury verdict and set aside the lower court's $5 million judgment. The Fourth Circuit ruled that the lower court had erred by instructing the jury to decide a question of law rather than fact (specifically, whether or not the speech in question was protected by the First Amendment). The Fourth Circuit also ruled that the protest signs and language on WBC's website were rhetorical hyperbole and figurative expression, rather than assertions of fact, so they were a form of protected speech. On March 30, 2010, the Court further ordered Albert Snyder to pay the court costs for the defendants, an amount totaling $16,510. People all over the country, including political commentator Bill O'Reilly agreed to cover the costs, pending appeal. O'Reilly also pledged to support all of Snyder's future court costs against the Phelps family.

Final appeal

A writ of certiorari was filed on March 8, 2010. Arguments were heard beginning on October 13, represented by three of Phelps' daughters, including Margie Phelps.

Issues

The questions presented were as follows:
# Whether the prohibition of awarding damages to public figures to compensate for the intentional infliction of emotional distress, under the Supreme Court's First Amendment precedents, applies to a case involving two private persons regarding a private matter.
# Whether the freedom of speech guaranteed by the First Amendment trumps its freedom of religion and peaceful assembly.
# Whether an individual attending a family member's funeral constitutes a "captive audience" who is entitled to state protection from unwanted communication.

Briefs

Several news and civil rights organizations filed amicus briefs in support of Phelps, including the American Civil Liberties Union, the Reporters Committee for Freedom of the Press, and twenty-one other media organizations, including National Public Radio, Bloomberg L.P., the Associated Press, the Newspaper Association of America

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