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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.
Review the facts of the case, the issue, the Court’s decision and consider whether or not you agree with the court’s legal reasoning. During the oral arguments, Justice Scalia questioned the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine was dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video (https://www.youtube.com/watch?v=TGeI9O0KsP4)
then address the following:
ANSWER THE FOLLOWING QUESTION IN A 2-PAGE APA ESSAY FORMAT WITH AT LEAST 2 REFERENCES,
Find another case that utilized the “fighting words” doctrine and respond to the following:
1. What is the “fighting words” doctrine, and how is it defined?
2. What is another case that used the “fighting words” doctrine?
3. Could or should the doctrine have been applied in that case?
4. Is there a different analysis the Court could have used in the case you found that
might have led to a different outcome?
5. Do you agree with the outcome in that case?
6. Comparison with Snyder v. Phelps: What are the key differences or similarities between the
case you found and Snyder v. Phelps regarding free speech?
Read Material: https://www.thefire.org/news/80-years-ago-supreme-court-introduced-fighting-words
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