Posted: February 16th, 2015

Freedom of Speech

Paper, Order, or Assignment Requirements

Snyder v. Phelps, 09-751 (March 2, 2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision, give me a summary of the facts of the case and a discussion of the Court’s decision.

In oral argument, Justice Scalia questions the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire , 315 U. S. 568 (1942)

Despite this discussion, the doctrine is dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please define and explain the doctrine. Could/should it have been applied?

Citation should be in blue book format