Protest of Military Funeral Protected by First Amendment, Despite Outrageousness of Message

In Snyder v. Phelps, published March 2, 2011, the U.S. Supreme Court held that the First Amendment protected a religious group that held a protest directed at the funeral of an Iraq War veteran.  The group has for decades asserted an anti-United States, anti-Military message.  On the day of the funeral, it held a protest on public land, adjoining a public street, carrying anti-U.S., anti-Military, anti-catholic, and anti-homosexual signs, including placards stating, "You're Going to Hell."  The demonstration was quiet and peaceful, and complied with applicable time, place, and manner restrictions.  Only the tops of the signs were visible from the funeral.  The father of the veteran later saw the signs in the media.  They caused him extreme emotional pain.  The majority held that because the protest was speech related to public, rather than private, matters, it was protected by the First Amendment from tort liability for intentional infliction of emotional distress.  The outrageousness of the message, according to the majority, was not ground for removing First Amendment protection. The majority stated that its holding was "narrow."  A dissent argued that the speech was a private attack on the veteran presented in the guise of public speech.