Snyder v. Phelps
Citation: 562 U.S. 443 (2011)
Facts
Westboro Baptist Church members picketed the funeral of a fallen Marine, Matthew Snyder, with signs carrying anti-gay and anti-military messages. They picketed on public land, complied with all relevant regulations, and were not disruptive. Snyder’s father sued for IIED and other torts.
Issue
Does the First Amendment protect speech at a public funeral picketing military funerals from IIED liability when the speech touches on matters of public concern?
Holding
Yes. The First Amendment protects Westboro’s speech on public land on matters of public concern (military service, homosexuality, national morality) from IIED liability, even if the speech is outrageously offensive.
Rule
Speech on matters of public concern: When speech is on a matter of public concern, made in a public forum, and the speaker complies with relevant regulations, the First Amendment forecloses IIED liability. Whether speech is on a matter of public concern is determined by its content, form, and context — courts do not assess the truth or value of the speech.
Outrageousness alone does not overcome First Amendment protection for speech on public issues.
Significance
- Extends Hustler v. Falwell beyond public figures to private plaintiffs when the speech addresses public concerns
- Eight-Justice majority (Alito dissented) — rare consensus that offensive picketing at funerals on public sidewalks is protected
- Congress and many states subsequently passed “funeral protest laws” restricting time/place/manner of funeral picketing; these are subject to intermediate scrutiny
- Distinguished from IIED in private-concern speech cases, which may receive less First Amendment protection