Preview

Snyder Vs Phelps Speech Analysis

Powerful Essays
Open Document
Open Document
1262 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Snyder Vs Phelps Speech Analysis
The United States prides itself on the freedoms that are afforded to each of its citizens. Among those freedoms is the first amendment freedom of speech. However, that freedom is often called into question. For instance, the Snyder v. Phelps case. In the Snyder v. Phelps case, Albert Snyder who is the father of Matthew A. Snyder, argues how the Westboro Baptist Church (WBC) picketed his son’s funeral asserting offensive statements due to his Albert Snyder’s homosexuality. Moreover, Snyder filed a lawsuit against the WBC “for defamation, intrusion, upon seclusion, infliction of emotional distress and civil conspiracy” (“Snyder v. Phelps” Wikipedia). The speech discussed in the Snyder v. Phelps case deserves the protection of the first amendment.
From their view, the WBC organization was only discussing their general ideas of homosexuality and not necessarily insulting the Snyder family. The reason why
…show more content…
In Deana Pollard Sacks article, “Snyder v. Phelps, the Supreme Court’s Speech,” the author claims that The Fourth Circuit asserted that these two speech phrases are the ones protected under the first amendment. Again, this concludes that the WBC and picketers had the right to display placards about homosexuality against the Snyder’s family and that it was legal. The Supreme Court later decided to rule in favor for the Phelps in a 8-1 vote. However, Justice Samuel Alito disagreed with the court’s decision stating: “[the] WBC should not have received First Amendment protection for intentionally launching a vicious verbal attack on a private individual” and “the speech was specifically aimed at Snyder’s son” (“Snyder v. Phelps” Case Brief

You May Also Find These Documents Helpful

  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    This is the major question that arises. I believe that everyone knows that speech is protected under the…

    • 663 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The court said that the First Amendment Rule applies as a defense against the state tort of intentional infliction of emotional distress. This precedent was set in the Hustler Magazine Inc. v. Falwell. The court needed to decide whether or not the speech was of public concern. Speech of public concern is entitled to special protection under the First Amendment and is on the highest rung of protection. This is to ensure that public debate and self expression are preserved and remain "uninhibited, robust, and wide-open." When an issue is of private matters then it is given much less protection. It is true that it is difficult to define exactly what public concern is. It has been covered in a broad term that can be narrowed down in individual circumstances. For speech to be defined as public concern it must "be fairly considered as relating to any matter of political, social, or other concern to the community." It also can be defined as when the speech "is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public." All factors of the speech must be determined and reviewed before a decision is made. The court must consider the content, form, and context of the speech. This includes examining what was said and how it was said. This is to be evaluated on a case-by-case basis because of the varying nature and severity of speech. Once all aspects are covered, the court can determine if the speech meets the criteria for public or private…

    • 1596 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Westboro Baptist Church members led by Fred Phelps believe that God hates the United States and punishes its citizens for its acceptance of homosexuality. To express their beliefs, the church members picket military and other funerals. Phelps’ group pickets by carrying signs and singing songs while standing on public property. Other groups have been formed to protest Phelps’ group. The church claims their speech is protected by the First Amendment Freedom of Speech Clause in the United States Constitution. I agree that the church has this right as does the group protesting Phelp’s group, and neither is violating the constitutional rights of others, even though I believe the actions of Westboro Baptist Church are appalling and depraved.…

    • 565 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Fred Phelps, the pastor at the Westboro Church, along with his followers believes that God punishes the US for allowing homosexuality freedoms, especially within the military. To express their feelings the Westboro Church and its people sometimes picket military funerals in hopes that their voices will be heard. In 2006 Albert Snyder’s son who was a Lance Corporal for the United States Marine Corps was killed in the line of the duty during his time in Iraq. Matthew Snyder was killed in Anbar, Iraq when he was the gunner on a Humvee that ended up rolling after hitting something. The Westboro Church decided that they would picket Matthew Snyder’s funeral, notifying the sanction holding the funeral in advance…

    • 1754 Words
    • 8 Pages
    Better Essays
  • Good Essays

    In his passionate and inspiring speech given to the Lesly University graduating class of 2018, award-winning author Jason Reynolds clearly articulated and emotionally persuaded the audience through his use of recalling personal experiences and a direct comparison in order to highlight his message of being grounded. Jason Reynolds tells a story from when he was in high school and uses this personal experience to add substance to his message and help the crowd visualize the point he is making. The story Jason Reynolds talks about is from a Global Studies class he took with a teacher named Mr. Williams. In this story, the teacher makes it so you get suspended for doing the morally right thing and when this rule is broken he sends the two girls…

    • 452 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In his emotionally charged speech given to the 2018 graduating class at Lesley University, Jason Reynolds inspires and encourages his audience through the telling of a personal story and the repetition of similar sounds to share the importance of being there for others while still striving to be their best. Jason Reynolds tells a personal story in order to catch the interest of his audience. He tells the story of a high school teacher who taught him that “sometimes doing the right thing has consequences” through the use of a fish. Reynolds tells this story in order to keep the audience invested in his speech and the lesson he was trying to teach. Similarly, while finishing his story, he says that he and the others in his class had to “sit through…

    • 334 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Brandenburg Vs Ohio Essay

    • 473 Words
    • 2 Pages

    They believed that this doctrine has no place in the interpretation of the First Amendment. Meanwhile, Justice Douglas argues that how this doctrine applied was weak and perverted. The Court’s Per Curiam held that Ohio law violated Brandenburg’s free speech right. The court evaluated this by mean of the "directed at inciting or producing imminent lawless action" and "likely to incite or produce such action”. With that said, the failure to do this rendered the law as overly broad; and is in violation of the…

    • 473 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Hudgens V Labar Case Study

    • 2468 Words
    • 10 Pages

    Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right, but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government, federal or state. (Hudgens v. National Labor Relations Board, 424 U.S. 507 Lexis).…

    • 2468 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Certain rights, shall not be construed to deny or disparage others retained by the people…

    • 813 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Snyder vs. Phelps

    • 778 Words
    • 3 Pages

    Snyder sued the Phelpses for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy. The jury found in favor Snyder, awarding him $2.9 million in compensatory damages and $8 million in punitive damages. The Fourth Circuit Court of Appeals overturned the jury award, holding that the speech of the Phelpses was rhetorical hyperbole and thus protected under the First Amendment, regardless of whether Snyder 's son was a public figure. It was protected because it…

    • 778 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Thought That We Hate

    • 1044 Words
    • 5 Pages

    The subjects of concern are the brave judges belonging to the 20th Century who were the pillars that laid the foundation of the First Amendment that called for what has widely become lingo – freedom of speech – but which has also become largely distorted and diluted in its meaning, in its context, and in its essence. Lewis reminds us what this amendment in the Constitution truly entails – the restriction laid on the government, the banning of offensive speech on the government’s part, is the focal point of the argument that Lewis puts before his readers. His advocacy for the first amendment and his reminder comes at a likely time for reminders, when the campaigns elections are in full swing, and when the State has been suddenly taken as if by a thunderous storm of hate speech, offensive speech, and what is tantamount to straight up vulgarity. Lewis reminds his audiences and jogs our memories back to the draft in the Constitution that deal so strictly with the issue of offensive speech. A timely judgment on Lewis’ part, this kernel of concentrated thought hits the mark with acute precision and with an iron fist, and puts many a cheek to the red blush of shame, and guilt, and…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There are many individuals and groups alike that choose to express their disdain for certain actions, laws, and behaviors through the use of Freedom of Speech. The First Amendment has been cited by many protesters when demonstrating that it is their right to Freedom of expression. Freedom of Expression is powerful enough that sometimes words do not have to be spoken for a message to be conveyed. However, not all acts are protected by the First Amendment. For example, burning the flag is protected under the First Amendment but promoting the benefits of marijuana at a school event would be protected (U.S. Courts, n.d). If by chance there is a question of constitutionality regarding the First Amendment, it is usually linked to the overbreadth doctrine. Simply meaning, an individual may feel that their rights and/or others rights to Freedom of Speech may be prohibited by laws when applied under the context in which they were written. Broadrick v. Oklahoma, 413 U.S. 601 (1973) is the most quoted case that addresses issues of the overbreadth doctrine as it pertains to the First Amendment.…

    • 610 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal…

    • 321 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    People vs. Larry Flynt

    • 816 Words
    • 4 Pages

    After watching the film the people vs. Larry Flynt, it is clear that the major message is that all Americans have rights under the constitution. Although in some cases many Americans may not always agree with each other, it is their right and freedom to do so under the Bill of Rights. In particular the first amendment is a major focus of the film. Throughout the entire movie the Larry Flynt character (Woody Harrelson) defends the fact that he is an American, therefore like all other Americans he is protected by the bill of rights and is entitled, specifically, to freedom of speech and freedom of the press.…

    • 816 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Hate Groups

    • 1496 Words
    • 6 Pages

    As stated in the First Amendment of the United States Constitution, free speech is where, “Congress shall make no law …abridging the freedom of speech …or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (Legal Information Institute [LIT], n.d.-f). Despite the brevity, the one sentence that is the First Amendment has proven to be a vague clause that has arbitrarily seen the freedom of hate speech and the persecution of free speech. As pointed out by Tsesis (2016), the First Amendment merely acknowledges the importance of the freedom of speech and of its existence in the United States, but does not define what free speech actually is (p. 1021). The importance of specifying that only “Congress shall make no law” implies that it is the duty of the Supreme Court to determine what is allowed under free speech, as the Constitution was meant to be a be a “living document” to be added on to as the United States changed over time (United States Courts [USC], n.d.-a). However, this poses a problem, as since there have been two and a half centuries of cases decided by the Supreme Court, many people outside of the criminal justice system are dangerously unaware of what exactly their freedom of speech entitles them to. This applies even more so to hate groups, whose…

    • 1496 Words
    • 6 Pages
    Better Essays