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Critical Paper

Critical Paper. Snyder v . Phelps. Westboro Baptist Church.

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Critical Paper

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  1. Critical Paper Snyder v. Phelps

  2. Westboro Baptist Church • WBC has picketed, among other places, about 600 military funerals, announcing by signs that the USA is overly tolerant of sin (homosexuality and pedophilia in the Roman Catholic Church) and that God kills American soldiers as punishment • WBC picketed the funeral of Matthew Snyder, killed in Iraq

  3. Demonstrators: Phelps, 2 Daughters and 4 Grandchildren • Posters/signs • “God hates the USA/Thank God for 9/11” • “Thank God for IEDs” • “Thank God for Dead Soldiers” • “Pope in Hell” • “Priests Rape Boys” • “God Hates Fags”

  4. The Demonstration Followed Maryland Law • Permission from the municipality • Picketing on public land adjacent to a public street and behind a temporary fence • 1000 feet away from the Church where the funeral was being held • No violence, no profanity

  5. The Trial Court • Allowed Snyder to sue for the “intentional infliction of emotional distress” (among other causes of action) • The Jury awarded approximately $11 million in damages, which was later reduced.

  6. The Court of Appeals • Overturned the jury award, holding that WBC’s speech was protected by the 1A

  7. AssignmentSupreme Court Decision • Consider the (edited) majority opinion of Chief Justice Roberts and the dissenting opinion of Justice Alito • Consider ONLY the 1A issue • Which Justice, in your opinion, has the better argument. In deciding, demonstrate that you understand the arguments of both Justices • The paper must be your own independent work, at least 4 pages long (with citations)

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