Fred Phelps, founder and pastor of a Baptist church in Kansas, believes that God hates homosexuality and is punishing America for tolerating it. To publicize this belief, Phelps and some members of his church picket funerals of homosexuals and maintain a Web site, www.godhatesfags.com, to publicize their views.
Phelps and some of his family members picketed the funeral of a Marine killed in Iraq, Matthew Snyder, carrying signs saying "God Hates the USA,""Fag Troops,""America is doomed,""Pope in hell,"and "Thank God for dead soldiers." They alerted the media, in advance, of their plans to picket the funeral.
When they returned to Kansas after the picketing, they posted pictures of the picketing on their Web site and stated on the site that Snyder's father, Albert, had taught had Matthew "to defy his creator,""raised him for the devil,"and "taught him that God was a liar."
Albert Snyder sued for intrusion into privacy and mental distress. The jury awarded him $2.9 million in compensatory damages and $8 million in punitive damages. The judge reduced the total damage award to $5 million. Phelps appealed, arguing that his activities were protected by the First Amendment. What do you believe happened on appeal? Why?
Snyder v. Phelps, 580 F.3d 206 (4th Cir. 2009).