by Cinda Smaagaard

Created on: March 03, 2011

The First Amendment guarantees freedom of speech in America and this includes religious beliefs in the form of placards and protest that some may find offensive.  The recent case of Snyder v Phelps which recently aired oral arguments last fall, has now reached a decision in favor of a small strange Baptist church.  Snyder, the plaintiff, had a son who was a service member who died in the line of duty.  During the funeral, members of a controversial Baptist church picketed outside.  The picket signs they carried were considered offensive and an invasion of privacy for the Snyders, so a lower court had awarded Snyder up to $5 million in damages.  The Supreme Court overruled that decision on the basis of the church's right to freedom of speech.  Although the major press carried the story, they did not give the full details of how the majority of the justices arrived at their decision.  Although there was one dissenting member, it appeared that the court believed the need to preserve free speech, especially in a public forum discussing religious and political views, outweighed any right to privacy the Snyders may have wished.

When you listen to the oral arguments, it becomes clear that the justices realized an important and historical precedent was being set regarding First Amendment Constitutional rights.  It appeared that the church's lawyer, represented by Ms. Phelps went into battle well-armed with knowledge about all aspects of what free speech is allowable and which is not.  She pressed the fact that the protesters stood at least 1,000 feet away and were not "immediate" to or face-to-face with the Snyder family.  This helped convince the court that no "fighting words" or "stalking" or other forms of personal injury had taken place.  The fact that Mr. Snyder and others were widely offended by the rather strange message by the church, simply did not pass the threshold of encroachment.  One example of a civil damage claim would be those who attack people as they enter abortion clinics.  For this reason, municipalities have enacted codes or standards which restrict protesters from blocking egress into buildings or personally having contact with those of opposing viewpoints.

Another argument by Phelps and the church was that Mr. Snyder had already entered into the public arena as a public speaker.  Evidentally, he had appeared on the media talking

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