Snyder v. Phelps (2011)

[Antonio the Sixth]

Dissent.

[Antonio the Sixth]

No matter how much of a massive, vile HP Phelps is, I can't see how he is breaking the law.

Also lol at the lefties siding with Alito

Broken clock, etc.

[Antonio the Sixth]

Question for the dissenters- why? What's your constitutional rationale?

The Framers' intent has obviously never been to protect all forms of speech. Categories of speech have always been held as deserving varying degrees of constitutional protection, and governmental restrictions on time, place and manner of expressions have been deemed legitimate in many cases. It's not really a stretch to consider than in these circumstances, the manner of the speech (violent, unwarranted insults) and its time and place (a person's funeral) are circumstances exceptional enough to warrant restrictions.

[Antonio the Sixth]

Question for the dissenters- why? What's your constitutional rationale?

The Framers' intent has obviously never been to protect all forms of speech. Categories of speech have always been held as deserving varying degrees of constitutional protection, and governmental restrictions on time, place and manner of expressions have been deemed legitimate in many cases. It's not really a stretch to consider than in these circumstances, the manner of the speech (violent, unwarranted insults) and its time and place (a person's funeral) are circumstances exceptional enough to warrant restrictions.

But the place wasn't AT the funeral.  It was far enough away that he only saw the tops of signs and didn't even hear the speech until he watched coverage about it on TV after the fact.

That does change things a bit. Though I'd still consider the hurtfulness of the speech to be a sufficient justification for a restriction.