The First Amendment_Protest v Privacy_The Case of Snyder v Phelps Out of Stock
A CBA-CLE Legal Connection Program!
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March 2011
The First Amendment: Protest v. Privacy - The Case of Snyder v. Phelps - Video On-Demand
Program Description:
On March 2, 2011, the U.S. Supreme Court issued an 8-1 decision in this widely publicized case. The issue in general: whether the First Amendment protects protesters at a private, military funeral from tort liability. Join us for an interesting discussion by Professor Richard B. Collins on what has become one of the most heated debates on First Amendment rights this Session.
The Opinion:
Chief Justice Roberts, in the Court's Opinion:
Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and-as it did here-inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation, we have chosen a different course - to protect even hurtful speech on public issues to ensure that we do not stifle public debate.
Justice Breyer, concurring:
While I agree with the Court's conclusion that the picketing addressed matters of public concern, I do not believe that our First Amendment analysis can stop at that point. A State can sometimes regulate picketing, even picketing on matters of public concern.
Justice Alito, dissenting:
Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case. … (“[P]ersonal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution”). When grave injury is intentionally inflicted by means of an attack like the one at issue here, the First Amendment should not interfere with recovery.
Presented by Richard B. Collins, Professor of Law, University of Colorado Law School
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- General Credits 1.00
- Ethics Credits
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