TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, March 2, 2011

Breaking: USSC Upholds Right to Protest at Military Funerals

CNN is reporting the United States Supreme Court has ruled Westboro Baptist Church has the right to stage anti-gay protests at military funerals.

UPDATE:  CNN now has a story up.  The decision was 8-1.


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I'm surprised no one here has analyzed the torts claims that the Supreme Court found were trumped by the First Amendment. I tried to balance the IIED claim against the First Amendment and found -- surprise! -- that the IIED claim should have been sustained. Here are two somewhat long posts on the issue:
The first, provocatively entitled "How I'm Learning to Hate the First Amendment," is here:
The second, a follow-up, is here:

Will no torts scholars stand up for compensation and deterrence in these cases? Consider that the plaintiff was a private citizen who only wanted to mourn his peace.

Posted by: John Culhane | Mar 5, 2011 10:26:34 AM

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