Supreme Court to Hear Westboro Case

It looks like the Supreme Court will hear the Snyder v. Phelps funeral picketing case.  In case you don't know, the Phelps family is who runs Westboro Baptist Church.  You might know them better for their "God Hates Fags" pickets or "Santa Claus Will Send You To Hell" video.

In September of 2009, the Fourth Circuit reversed a previous $5 million intentional infliction of emotional distress verdict against the Phelpsians.  While I don't believe that what the Phelps family and Westboro Baptist Church does at soldiers' funerals (among other places) is right, I do believe that the Fourth Circuit was correct in their ruling.

By reversing the previous decision, the Fourth Circuit prevented the tort system from heading down a slippery slope.  Under the laws that the original verdict was entered, the intentinal infliction of emotional distress tort had the unconstitutionally vague definition of an activity in which the defendant engages in (1) outrageous speech or conduct that (2) causes severe emotional distress to the plaintiff, and (3) the defendant intends to cause such distress, or is aware of a high probability that the speech or conduct will cause such distress.

Previously, in Hustler v. Falwell the Supreme Court held that tort to be unconstitutional in the case of public figures.  Snyder v. Phelps aims to find the same interpretation applied to private figures.  The defense of Phelps in this particular case would be a good outcome in that it would delay (and possibly prevent) similar torts applied in such cases as the infamous Muhammad cartoons, flag burning, or any speech or action that could remotely be considered offensive to someone.