21 Jan Snyder v. Phelps case
Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name. Review the facts of the case, the issue, the Court’s decision and consider whether or not you agree with the court’s legal reasoning. During the oral arguments, Justice Scalia questioned the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine was dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video (https://www.youtube.com/watch?v=TGeI9O0KsP4), then address the following:
Find another case that utilized the “fighting words” doctrine and respond to the following:
Please define and explain the doctrine.
Could (or should) it have been applied in the additional case that you reviewed?
Is there another analysis that the Court could have made which would result in a different outcome? Do you agree with the outcome of this case? What is the difference and/or similarity between the free speech case that you found and the Snyder v. Phelps case?
