LSTD301 Week 3 Forum

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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.

  1. In oral argument, Justice Scalia questions the applicability of the "fighting words" doctrine enunciated Hampshire, 315 U.S. 568 (1942). Please watch the video.

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?

Matthew Snyder was killed in Iraq while in combat. During his funeral the Phelps family and other members of the Westboro...

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