A case about Hate Speech

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Presentation transcript:

A case about Hate Speech Phelps Vs. Snyder A case about Hate Speech

It’s called freedom of speech Right here in America On a public sidewalk you can spew hate talk so long as it’s a public issue…. It’s called freedom of speech Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project The Bill of Rights Amendment 1 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. Robin Lance CIS 1020 Final Project

What Is Hate Speech? Hate speech is any communication that is discriminatory, hurtful, prejudice, or that is solely to incite violent reactions of another person Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project Even at a funeral? Yes. In the landmark 1964 case of New York Times v. Sullivan, the U.S. Supreme Court held that certain defamatory statements were protected by the First Amendment.  Robin Lance CIS 1020 Final Project

Why is defamation protected? Because during that case, the Court pointed to "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open."  Robin Lance CIS 1020 Final Project

Examples of Hate Speech Racist comments Ethnic slurs or derogatory terms for a group Politically incorrect jokes that target a group Sexist statements Anti homosexual signs and protests Protests against religious groups Robin Lance CIS 1020 Final Project

Who can become a target? Just about everyone is a potential target for hate speech. Among many other things, you may be targeted simply because of your gender, age, sexual orientation, race, nationality, or your choice in religion. Robin Lance CIS 1020 Final Project

Details about the case

Robin Lance CIS 1020 Final Project Who is Snyder? Albert Snyder is the father of U.S. Marine Lance Corporal Mathew Snyder. Albert’s son Mathew was killed in Iraq while on active duty. Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project Who is Phelps? Fred Phelps is the founder of the Westboro Baptist Church. Most of the members of the Westboro Baptist church are family members of Fred Phelps. The Westboro church is a church that strongly teaches against gay marriage. Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project In the name of God For the past 20 years, the congregation at Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the US for its tolerance of homosexuality, particularly in America’s military. Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project Facts of the case The family of deceased Marine Lance Cpl. Matthew Snyder filed a lawsuit against members of the Westboro Baptist Church who picketed at his funeral. The family accused the church and its founders of defamation, invasion of privacy and the intentional infliction of emotional distress for displaying signs that said, "Thank God for dead soldiers" and "Fag troops" at Snyder's funeral. Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project The Verdict First a jury awarded Albert Snyder $10.9 million. The Judge stayed with that verdict, but lowered the award. Then the U.S. Court of Appeals said that the church’s speech was protected and the ruling was overturned. Robin Lance CIS 1020 Final Project

Robin Lance CIS 1020 Final Project Citations Callaghan Marty “Snyder v. Phelps case arguments heard” October 6, 2010 Legion.org Cohen Adam “Why Spewing Hate at Funerals Is Still Free Speech” Sept 29 2010 Time.com Snyder V. Phelps http:/www.law.cornell.edu/ Bill of Rights of the United States of America, 1791 http://billofrightsinstitute.org/ Emily Doskow “Defamation Law Made Simple” http://www.nolo.com/ Robin Lance CIS 1020 Final Project