Snyder vs. Phelps No. 09–751. Argued October 6, 2010—Decided March 2, 2011 Aggressive Communication Hate Speech

Type of Speech used: Aggressive Communication Aggressive communication is defined as “the ability to force one’s will (i.e., wants, needs, or desires) on another person through the use of verbal or nonverbal acts.” Aggressive communication is carried out with the intention or the perceived intention of inflicting physical or psychological pain, injury, or suffering.

Examples of Aggressive Communication that WBC used intention of inflicting physical or psychological pain −Expert witnesses said “This caused Snyder emotional anguish and had exacerbated pre-existing health conditions.” −Westboro picketers signs that stated: “Thank God for Dead Soldiers” “God Hates Fags” “You’re Going to Hell”.

Geographic Location Westminster, Maryland

C I R C U M S T A N C E S People involved SNYDER U.S. Marine Lance Corporal Served in Iraq Lost his life while serving his country Heterosexual Catholic PHELPS Westboro Baptist Church Anti homo-sexuality Protest at Military funerals Baptist

S N Y D E R P H E L P S Emotional distress Defamation Intrusion upon seclusion Publicity given to private life Civil conspiracy T H E I R C AU S E S In protest of America's increasing tolerance of homosexuality Complied with local ordinances & obeyed police instructions Could be neither seen nor heard Rhetorical hyperbole & figurative expression, rather than fact, therefore a form of protected speech

The Court Case Original suite −Case first presented at the US District Court in Maryland. On October 31 st 2007 the court issued verdict in favor of Plaintiff (Snyder Family) and awarded $5 million in damages. Appeal −September 24 th 2009 the WBC appealed the previous verdict at the Fourth Circuit Court of Appeals. The court ruled that the WBC’s statements were on matters of public concern, were not provably false, and were expressed solely through hyperbolic rhetoric and as such were a form of protected speech under the 1 st amendment. −Reversed previous jury verdict and the lower courts $5 million judgment.

Results Supreme Court −Supreme Court decided the case hinged on one issue "Whether the First Amendment prohibits holding Westboro liable for its speech in this case turns largely on whether that speech is of public or private concern." −Court determined the words on Westboro’s signs dealt with “matters of public import.” −March 2 nd 2011, 8-1 decision in favor of Westboro Baptist Church citing 1 st Amendment protection. 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Recommendations for Remedy In the case of Snyder v. Phelps the case being in favor of the Snyder family should remain the same. The WBC church should have apologized for causing the issues that it did by picketing the funeral of a solider who killed in the line of duty while fighting for American’s rights. The WBC could have picketed anywhere but choosing to picket at the funeral of the deceased solider was a low point for anyone. Offering an apology to the family for the WBC actions would have been the human thing to do.

Questions for the Audience Were the actions of WBC appropriate by picketing the funeral of deceased solider Snyder? If Matthew Snyder was your loved one would you have sued the WBC for picketing the funeral? Should WBC have been ordered to pay the damages that were awarded to the Snyder family?

What we learned as a group About the hate speech we researched −Hate should not be taught to be acceptable −Hate will not change the circumstances but rather cause more problems −There is a right and wrong way to display feelings towards one another

What we learned as a group About the group project −Communication is essential in working efficiently −It is important to pick areas that play towards the individuals strengths while allowing them to grow at the same time −It helps to set deadlines and stick to them so everyone knows what to expect −Giving constructive feedback helps the process move along and be successful

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