Snyder Vs. Phelps: Case Study
Ben Lehman
Comm 492
IRAC Exercise Paper (Snyder v. Phelps)
Step I In this case, the plaintiff is Albert Snyder. He is the father of a recently killed Marine, Lance Corporal Matthew Snyder. The defendant is Fred W. Phelps Sr. He is a pastor and leader of the Westboro Baptist Church based in Topeka, KS. The church has been known to express its beliefs that "God hates America" through protests and demonstrations at military funerals across the country. In their history they have been at close to 600 funerals. Snyder's funeral was set to be held in his hometown of Westminster, VA. When Phelps learned of the time he gathered a group of church members comprised of his own family and went to demonstrate at Snyder's funeral. The proper authorities …show more content…
The court said that the First Amendment Rule applies as a defense against the state tort of intentional infliction of emotional distress. This precedent was set in the Hustler Magazine Inc. v. Falwell. The court needed to decide whether or not the speech was of public concern. Speech of public concern is entitled to special protection under the First Amendment and is on the highest rung of protection. This is to ensure that public debate and self expression are preserved and remain "uninhibited, robust, and wide-open." When an issue is of private matters then it is given much less protection. It is true that it is difficult to define exactly what public concern is. It has been covered in a broad term that can be narrowed down in individual circumstances. For speech to be defined as public concern it must "be fairly considered as relating to any matter of political, social, or other concern to the community." It also can be defined as when the speech "is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public." All factors of the speech must be determined and reviewed before a decision is made. The court must consider the content, form, and context of the speech. This includes examining what was said and how it was said. This is to be evaluated on a case-by-case basis because of the varying nature and severity of speech. Once all aspects are covered, the court can determine if the speech meets the criteria for public or private
Comm 492
IRAC Exercise Paper (Snyder v. Phelps)
Step I In this case, the plaintiff is Albert Snyder. He is the father of a recently killed Marine, Lance Corporal Matthew Snyder. The defendant is Fred W. Phelps Sr. He is a pastor and leader of the Westboro Baptist Church based in Topeka, KS. The church has been known to express its beliefs that "God hates America" through protests and demonstrations at military funerals across the country. In their history they have been at close to 600 funerals. Snyder's funeral was set to be held in his hometown of Westminster, VA. When Phelps learned of the time he gathered a group of church members comprised of his own family and went to demonstrate at Snyder's funeral. The proper authorities …show more content…
The court said that the First Amendment Rule applies as a defense against the state tort of intentional infliction of emotional distress. This precedent was set in the Hustler Magazine Inc. v. Falwell. The court needed to decide whether or not the speech was of public concern. Speech of public concern is entitled to special protection under the First Amendment and is on the highest rung of protection. This is to ensure that public debate and self expression are preserved and remain "uninhibited, robust, and wide-open." When an issue is of private matters then it is given much less protection. It is true that it is difficult to define exactly what public concern is. It has been covered in a broad term that can be narrowed down in individual circumstances. For speech to be defined as public concern it must "be fairly considered as relating to any matter of political, social, or other concern to the community." It also can be defined as when the speech "is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public." All factors of the speech must be determined and reviewed before a decision is made. The court must consider the content, form, and context of the speech. This includes examining what was said and how it was said. This is to be evaluated on a case-by-case basis because of the varying nature and severity of speech. Once all aspects are covered, the court can determine if the speech meets the criteria for public or private