Thursday, March 3, 2011
Military Funerals
The Supreme Court ruled (8-1) that the First Amendment shields people from tort claims in Snyder v. Phelps. At a jury trial, the jury handed a $5 million judgment to the family of a fallen soldier for intentional infliction of emotional distress (IIED). The appeals court overturned the case, and the Supreme Court affirmed, finding enough political speech in the funeral protest message for it to be shielded by the First Amendment. On one hand we don't people to face the possibility of lawsuits for expressing their political views. On the other hand, the right of those who are caused harm by words that are made with intention to cause great emotional pain should be upheld. As the lone dissenter Justice Alito pointed out much of the words seemed more like a verbal assault on the Snyder family than political speech. It was a compelling dissent, but in the court made the right decision, unpopular political views should be protected from monetary penalties.
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