Balancing Intentional Infliction of Emotional Distress Claims and First Amendment Protections in <i>Snyder v. Phelps</i>

Behrens, Douglas

Journal: Cardozo Public Law, Policy & Ethics Journal

Volume: 11

First Page: 213

Year: 2013

Bluebook Citation: 11 CARDOZO PUB. L. POL 'Y & ETHICS J. 213 (2013)

Author: Douglas A. Behrens: all 3 publications


Abstract

The article explores the delicate balance between First Amendment protections and Intentional Infliction of Emotional Distress (IIED) claims, using the Snyder v. Phelps case as a focal point. It argues that while the Supreme Court correctly ruled in favor of Westboro Baptist Church's free speech rights, the current legal framework for balancing these interests is outdated. The author proposes an "enhanced publicity test" to modernize the analysis, ensuring that speech contributing to public discourse is protected while safeguarding individuals from severe emotional harm caused by malicious speech.

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