Showing posts with label Snyder v. Phelps. Show all posts
Showing posts with label Snyder v. Phelps. Show all posts

Saturday, August 06, 2011

Findlaw's top 5 recent S.Ct. decisions

Findlaw's five top Supreme Court decisions of 2010-11 term. I agree with #1 (Snyder) and #3 (King). I have mixed feelings about # 4 (Brown) It is well established that minors get less First Amend. protection. The argument that parents will protect their children is a joke. Interestingly, one very liberal (Breyer) and one very conservative (Thomas) Justice dissented. Don't know enough about 2 and 5 to express an opinion. What do you think?

Tuesday, March 08, 2011

Short review of last week's S.Ct. Cases

Good short article on last week's Supreme Court opinions including the military funeral protest case (Snyder v. Phelps). Note that Scalia lets the Constitution triumph over conservative ideology in the Bryant case. The Justices need to make this a habit. I would strongly recommend this website for those who want to follow the Supreme Court closely. It's generally non-partisan.

Monday, October 11, 2010

Good artice on the funeral picketing case (Snyder v. Phelps)

Although the behavior of Phelps and his group is certainly obnoxious and offensive, the First Amendment protects it. Unless it falls within certain specific exceptions, even obnoxious, offensive speech is protected. Phelps' First Amendment activity falls under none of the exceptions. For Phelps to lose, the Court would have to make up a new exception. If it does so, then do we start down the slippery slope? Further, the facts are not as bad as one might expect. Phelps held the protest on public property, completely followed all police directives and laws, and the demonstration was not visible or audible to Snyder and the funeral party. Phelps did not enter the church and they stopped the demonstration before the funeral service started. Under current First Amendment law, Phelps wins and the grieving family loses. That's the price we pay as a society for being a free one. See article at LINK