Homework Question on Supreme Court Proceedings
- http://www.supremecourt.gov/opinions/10pdf/09-751.pdf 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).Please watch the video.
- https://www.youtube.com/watch?v=TGeI9O0KsP4 Chaplinsky:
- https://www.law.cornell.edu/supremecourt/text/315/568 New Hampshire
- https://www.law.cornell.edu/supremecourt/text/315/568
3.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?
Homework Answer on Supreme Court Proceedings
Introduction
There are particular characteristics distinguishing a “fight word” from a criticism that is believed to be bonafide. One of the major distinguishing aspects may lie in the intent of the speaker; “fighting words” are usually produced with the intention of causing harm. On the other hand, bonafide criticisms are created with the intention of communicating individual/group ideas. The purpose of my paper is to analyze the judicial matters between the involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder and the doctrine enunciated in Chaplinsky v. New Hampshire.
Analysis
The judicial matter between Snyder and Phelps came alongside the protest by Westboro Baptist Church members at the funeral of Marine soldier Mathew Snyder. The petitioner, in this case, was Albert Snyder, the father to Mathew Snyder, argued that the rules on protest and funeral were unfair. He raises his arguments with the objectivity of getting the opportunity to bury his son in a private, dignified manner, and the irresponsible behavior by those involved in the protests would not allow him.
Justice Antonin Scalia inquired whether there was some best cause of action that could be undertaken in the same matter concerning the intrusion on the funeral. Justice Samuel Alito questioned the intervention of the protest on the issue and eligibility of filed case. On the other hand, Justice Stephen Breyer asked whether Albert Snyder saw the Protestant and the signs they were carrying with them.