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Tuesday, March 16, 2010

Solove on Westboro

Dan Solove on CoOp analyzes the issues in Snyder v. Phelps, the funeral-picketing, tort-liability case against Westboro Baptist Church, on which SCOTUS granted cert last week. Solove argues (and I agree) that Snyder's claims are weak as a matter of tort law and the First Amendment and should fail.

But I still come back to one question: Why did the Court grant cert in this seeming one-off case in which the First Amendment claimant prevailed?

Posted by Howard Wasserman on March 16, 2010 at 08:54 PM in Current Affairs, First Amendment, Howard Wasserman | Permalink

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Comments

They granted cert because they are bored and wanted to see what it would be like to have the Phelps protesters outside the courthouse, while one of the Phelps family argued the case.

Posted by: Sam Heldman | Mar 16, 2010 9:44:01 PM

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