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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