billd91
Not your screen monkey (he/him) 🇺🇦🇵🇸🏳️⚧️
7th Circuit isn’t letting it go, for one. Not exactly pikers, them.
As for Snyder v. Phelps, that was distinguished from the fighting words exception mainly because:
1) The Supreme Court's holding turned largely on its determination that the church was speaking on "matters of public concern" as opposed to "matters of purely private significance." IOW, it is perfectly legal to express a negative opinion about homosexuality in general, even if the expression is offensive.
2) There was no pre-existing relationship between Westboro's speech and Snyder that might suggest that the speech on public matters was intended to mask an attack on Snyder over a private matter. Therefore, the Court held that the Phelps and his followers were "speaking" on matters of public concern on public property and thus, were entitled to protection under the First Amendment.
If, for instance, Westboro had called out Snyder etc. in particular using essentially the same language instead of condemning homosexuals (and those who love them) in general, the result in the case would have probably have been different.
Yeah, but I found Alito's dissent much more persuasive than the decision - one of the very few times I've agreed with Alito. Lack of pre-existing relationship and inclusion of some public concern amid the direct comments do nothing to alleviate the damage being inflicted. As far as I'm concerned, the majority decision makes Chaplinsky pretty much unworkable as a guide.