1st Amendment

 

Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name and give a summary of the facts of the case, the issue, the Court’s decision and whether or not you agree with the court’s legal reasoning. In oral argument, Justice Scalia questions the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine is dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video and answer these questions.

Please define and explain the doctrine. Could/should it have been applied in this case? Is there another analysis that the Court could have made which would result in a different outcome? Do you agree with the outcome of this case? What other free speech cases has the Court decided and do you agree with them?

 

Sample Solution

The fighting words doctrine allows governments to limit speech when it is likely to incite immediate violence or retaliation by the recipients of the words. Although this doctrine remains a notable exception to speech protected by the First Amendment, the Supreme Court has limited the scope of this doctrine when governments seek to restrict free speech. The doctrine was developed in Chaplinsky v. New Hampshire (1942), when a unanimous Supreme Court issued a categorical exception to the First Amendment`s freedom of speech clause. In this case, Walter Chaplinksy, a Jehovah`s Witness who was distributing religious pamphlets, was instructed to cease by a city marshal.

administration styles of the pioneer and their favourability to the circumstance. A significant part of the hypothesis is laid out around the most un-favored associate scale (LPC). The LPC plans to evaluate a potential chiefs way to deal with an assignment on a size of relationship propelled to task persuaded, where the pioneer fits on the scale permits what is going on to be found, and subsequently permits the distinguishing proof of reasonable pioneers for errands. The favourableness of the circumstance relies upon three qualities: pioneer part relations, the help and trust the pioneer as from the gathering; task structure, the clearness of the errand to the pioneer; and positional power, the power the pioneer needs to survey a gatherings execution and give prizes and disciplines (Fiedler, 1967). On the off chance that the pioneers approach matches what is expected from going on, achievement is anticipated for the gathering. Fiedler’s possibility model offers an extremely grave categorisation of authority, obviously characterizing which circumstances endlessly won’t bring about progress for an expected pioneer. At the senior administration level of a hierarchal construction inside an association the hypothesis can be applied unreservedly, first and foremost because of the straightforwardness at which people can be supplanted on the off chance that their LPC score doesn’t match that expected of the circumstance (Pettinger, 2007). Also, and above all, is to guarantee that the senior administration are ideally suited to effectively lead the association. Be that as it may, further down the ordered progression Fielder’s possibility hypothesis starts to hold considerably less significance, it becomes unrealistic according to a hierarchical viewpoint because of the quantity of individuals at this degree of initiative. The coordinated factors of coordinating the pioneer with their most un-favored colleague is difficult to reliably accomplish, so a more continuum based approach is required.

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