On the day before the fourth anniversary of Marine Lance Cpl Matthew Snyder’s death, in an 8-1 decision the Supreme Court set aside the verdict of a Maryland jury that the controversial Westboro Baptist Church (WBC) pay $5,000,000 to the family of Lance Cpl. Matthew Snyder for WBC's actions near Cpl. Snyder’s funeral. The Maryland jury had held the church and various members liable to the Snyders for injuries under Maryland law, particularly the intentional infliction of emotional distress. The Court found that Westboro’s activities were protected under the First Amendment to the US Constitution.
Marine Lance Corporal Matthew Snyder Dies In Iraq
Lance Cpl. Matthew A. Snyder, died March 3, 2006 after an accident in the Anbar province of Iraq. Cpl. Snyder, 20 at the time of his death was assigned to Combat Service Support Group-1, 1st Marine Logistics Group, I Marine Expeditionary Force. He was on a convoy mission for which he volunteered when the Humvee he was traveling in overturned.
LCPL Snyder was born July 18, 1985 and lived in Carroll County, Maryland until he chose to enlist in the Marines upon high school graduation in 2003. Just before his deployment, LCPL Snyder volunteered for convoy escort security because: "… there was a position that needs to be filled and I'm a Marine". LCPL was buried on March 10, 2006 in Maryland and his funeral was the focal point of demonstrations by members of the Westboro Baptist Church of Topeka, Kansas.
Westboro Baptist Church: History of Protest, Pickets Near LCPL Snyder’s Funeral
The congregation of Westboro United believes that the United States is being punished by God for tolerating homosexuality, especially in America’s military. The congregation often seeks publicity for its views by picketing. The venues for this picketing often include military funerals.
More than 600 funerals have been subject to Westboro picketing in the more than 20 years that the church has used this method to gain attention for its views.
The day of Matthew Snyder’s funeral Westboro picketed in three locations: near the Maryland State House, the United States Naval Academy, and Matthew Snyder’s funeral. The picketers carried signs with similar messages at all three locations. Examples of the signs include: “God Hates the USA/Thank God for 9/11,” “America is Doomed,” “Don’t Pray for the USA,” “Thank God for IEDs,” “Thank God for Dead Soldiers,” “Pope in Hell,” “Priests Rape Boys,” “God Hates Fags,” “You’re Going to Hell,” “God Hates You,” “God Hates Fags,” “Semper Fi Fags,” “Fags Doom Nations,” and “Fag Troops.” Another placard depicted two men engaging in anal intercourse.
The Lawsuit Against Westboro by Albert Snyder, Father of Lance Corporal Matthew Snyder
On June 5, 2006 the Snyder family sued Fred Phelps, founder of WBC, the church and others for defamation, invasion of privacy, and intentional infliction of emotional distress. On October 31, 2007, WBC, Fred Phelps and his two daughters, Shirley Phelps-Roper and Rebecca Phelps-Davis, were found liable for invasion of privacy and intentional infliction of emotional distress. The jury awarded Mr. Snyder $2.9 million in compensatory damages, and added $8 million in punitive damages. The judge in the case reduced the damages to $5 million total. The church appealed to the Federal Court of Appeals for the Fourth Circuit.
The Fourth Circuit overturned the jury verdict and determined that the activities of the church were protected by the free speech clause of the Constitution's First Amendment. Mr. Snyder requested the US Supreme Court hear the case, and the Court agreed.
The Supreme Court’s Decision in Snyder v. Phelps
In its twenty page opinion, the Supreme Court agreed with the Fourth Circuit. The Court held that the Westboro signs addressed matters of public concern, and regardless of how offensive the choice of venue or the content of the speech. The Court indicated that speech is of public concern when it can “be fairly considered as relating to any matter of political, social, or other concern to the community…” The Court found that matters of homosexuality in the military, alleged sexual abuses in the Catholic church, political and moral conduct of the United States and its citizens, as expressed by Westboro, were matters of public concern.
Regarding the methods of Westboro, even if the statements and expressions are of “…inappropriate or controversial character . . . is irrelevant to the question whether it deals with a matter of public concern.” The Court will examine the content, context and form of the speech to determine if it may be subject to reasonable time, place and manner restrictions.
Having determined that the content of the speech was of public concern, the court quickly dismissed the context of LCPL Snyder’s funeral as limiting Westboro’s First Amendment rights. The Court hinted, but did not directly state, that the outcome may have been different if the speech were specifically targeted to Snyder. The Court decided to avoid the implications of Westboro’s conduct as it related to Snyder’s sexuality, which the family felt necessary to defend. Justice Alito, in his dissent, felt the homosexual references could easily be construed as relating directly to Corporal Snyder
While First Amendment values are critical to the concepts of the United States, perhaps the most controversial aspect of the decision will be how the Court ignored the context of this speech. As Justice Alito points out in his dissent, the damages were awarded based upon Westboro’s activity near the private funeral of a private family mourning the loss of a young son.
David J. Shestokas - Mr. Shestokas is a former prosecutor & writes on the Constitution & legal issues for the Save America Foundation & Suite 101.
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