Snyder v. Phelps Summary of a First Amendment Landmark Supreme Court case: Snyder v. Phelps 131 S. Ct. 1207 (2011) (link is external) Facts: Fred Phelps and his followers at the Westboro Baptist Church believe that God punishes the United States for its tolerance of homosexuality, particularly within the military. To demonstrate their beliefs, Phelps and his followers often picket at military funerals. Albert Snyder's son, Lance Corporal Matthew Snyder, was killed in the line of duty in Iraq in 2006. Westboro picketed Matthew Snyder's funeral displaying signs that stated, for instance, "God Hates the USA/Thank God for 9/11," "Thank God for Dead Soldiers," and "Don't Pray for the USA." The church notified local authorities in advance that …show more content…
Reasoning: (Brennan, J.) The majority of the Court, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. "A law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires." The majority concluded that the Texas law impermissibly discriminated upon viewpoint. The Court noted, "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." For example, although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects, e.g., burning and burying a worn-out flag. The majority said that the government could not discriminate in this manner based solely upon what message was communicated. Finally, the Court concluded that Texas' interest in preventing breaches of the peace did not support Johnson's conviction because the conduct at issue did not threaten to disturb the peace. Moreover, Texas' interest in preserving the flag as a symbol of nationhood and national unity did not justify Johnson's criminal conviction for engaging in political
It is clear to see that flag burning causes tension, good tension as MLK would call it, that causes attention to be drawn to a topic and forces people to acknowledge the problem. Destroying the American flag is a powerful method of protest that says “This flag is useless because America is not what it is supposed to stand
First, was displaying the Ten Commandments in courthouses and public schools a violation of the First Amendment?s establishment clause that prevents the government from passing laws in favor of any religion (Chicago-Kent College of Law at Illinois Tech, 2004a)? Secondly, was an assumption that the purpose of these displays had been for promoting religion enough of a determination for prohibition (Chicago-Kent College of Law at Illinois Tech, 2004a)? With a dissenting opinion on the matter, Justice Scalia first tells how he was in Rome, Italy on September 11, 2001. The President of the United States gave an address to the nation, ending it with ?
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
With signs with things like “Thank God for Dead Soldiers,” “America is Doomed,” and "Don 't Pray for the USA" (even though he could not see them in times of the funeral service) Snyder sued Phelps and the church with claims that their actions have caused him severe emotional distress, intrusion upon seclusion, and civil conspiracy. Phelps argued that the first amendment protected their form of speech. The District Court of Maryland agreed with Snyder and awarded him a total of five million dollars, but left the verdict otherwise intact.
The Westboro Baptist Church member are proponents of extremist Christian ideology. Their first amendment rights should not be violated solely to shield others from the Church’s message. Therein the church should be permitted to protest soldier’s funerals. According to court records taken during the Snyder v. Phelps case, the protest held at Lance Corporal Matthew Snyder’s funeral was both legal and constitutional.
Our First Amendment within the United States Constitution protects our freedoms of speech, press, and assembly, which are umbrella terms for our right to protest, among others. We, as american citizens, have the right to protest whatever we choose,whether it be a television program, a new law that has been passed, or in the Snyder v. Phelps case, deceased veteran funerals. Marine Lance Cpl. Matthew Snyder’s family filed a lawsuit against the Phelps family and their followers, otherwise known as the Westboro Baptist Church, who the Snyder 's felt intentionally inflicted emotional distress whilst picketing Matthew Snyder’s funeral. The United States Supreme Court determined that speech in a public space, cannot be liable for any emotional distress,
In the article “Sorry, College Kids, There’s No Such Thing As Hate Speech” by The Federalist. The author John Daniel Davidson believes there is so no such thing as hate speech unless it is a crime. I agree with the author, you can say what you want unless it causes a riot or a crime is committed. [1]The case, which involved a white teenager burning a cross made from taped-together broken chair legs in the front yard of a black family that lived across the street, went to the U.S. Supreme Court. In this case I believe if no one was hurt and there wasn’t any damage to the property the white teenager shouldn’t be convicted.
The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.
Was Johnson really exercising his right to free speech while burning the American flag? Some would argue he did, but others will say he didn’t. In most cases, majority would say he wasn’t practicing free speech which lead him to dishonor the U.S. flag. Flag burning will endanger the symbol of the role as representation of nationhood and national unity. We would be permitting a Sate to “prescribe what shall be orthodox” by saying that one may burn the flag to convey one’s attitude toward it and its referents only if one does not endanger the flag’s representation.
The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of
Feelings cannot be used as argument since they are not facts. For example, if a person walking at night feels that they are in danger, it doesn't mean that they are indeed in danger or that they are not in danger. In order for this to be a valid argument feelings have to be objective, which they are not thus makes the argument invalid. In addition to this weak argument, the state actually have created a rule in order to suppress citizens freedom, which is a direct violation of the First Amendment that specifically states “Congress shall make no law….abridging the freedom of speech”("First Amendment”(ratified 1791). This Amendment was added to the Constitution to protect the citizens from the government, and letting the government take this right from the citizens is very dangerous and concerning.
Texas v. Johnson (1989) was a Supreme court case deciding whether or not flag burning is supported by “symbolic speech” protected by the first amendment. Gregory Lee Johnson is caught burning the American flag in Dallas, Texas in 1989 to protest Ronald Reagan`s policies. When Johnson had burned the flag during the protest the state of Texas arrested him for desecrating a venerated object. Although Johnson did not hurt or threaten to hurt anyone witnesses and spectators claimed to be seriously offended by seeing Johnson burn the flag. Most of the people in the courtroom were sided with Gregory Johnson supporting the fact that flag burning is considered as symbolic speech which is protected by the first amendment.
Jackson Rice Mrs. Mininni English III Honors April 28th, 2023 The legality of burning the flag is not a debated subject, but the question of should it be legal is. Burning the flag is protected under the First Amendment; however, a recent poll shows that a majority of U.S citizens disagree. Burning the flag in a form of protest should not be legal because the flag is a symbol of the country, honoring the flag demonstrates loyalty to the country, and the flag honors the sacrifice that soldiers have paid for this country.
The law states that is freedom of speech to burn our American Flag, but how is stomping and burning the symbol of this nation where our freedom of speech should be. Most do it out of anger toward our country, but why do they have to take such drastic measures to show their anger. Wattad stated” grant the flag special respect.” ( 1, 2008) It's not saying take away freedom of speech just grant something that represents what our soldiers are fighting for special respect.
Cornell University stated in an article, “Johnson was convicted of desertion of a venerated object in violation of Texas statute.” Johnson's actions were protected by the First Amendment so he was not sent to prison as stated in the United States Supreme Court case Texas v Johnson. His actions against the flag should have been more severe. Since Johnson’s actions were not threatening the branches of peace, there was no threat in the moment. “... and since the