Snyder v. Phelps Update
The jury awarded $2.9M, purportedly finding liability on all four counts. (Remember, they were defamation [which did not stem from the funeral protests themselves], invasion of privacy: intrusion on seclusion, invasion of privacy: public disclosure of private facts, and intentional infliction of emotional distress.) I still think the invasion of privacy suits should have failed because if we’re going to have public property, the Constitution controls the contradiction. I do not think the behavior of the WBC protesters was sufficiently extreme or outrageous to warrant a finding of liability for intentional infliction of emotional distress. And I find the defamation claim uninteresting, meaning that [ . . . ]
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