A Stitch in Haste

For those who have been following the $11 million judgment against the proprietors of the Westboro Baptist Church for defamation, invasion of privacy and infliction of emotional distress, some updates from the court system:

–A federal judge reduced the punitive damages award against Westboro and the Phelps from $8 million to $2.1 million, based on Maryland precedent and recent Supreme Court guidance regarding punitive damages (see, e.g., BMW v. Gore, 517 U.S. 559 (1996)). Bottom line: Westboro and the Phelps are apparently too poor to come up with $8 million, so the damages were reduced to a level that is punitive but not oppressive. The reduction is completely unrelated to the nature of underlying torts or the facts of the case.

–The judge upheld the verdict itself (i.e., a reasonable jury could have found the invasion of privacy and infliction of emotional distress claims meritorious).

–The court rejected a key point on appeal by the Phelps: A military casualty in the Iraq War does not automatically become a “public figure” and his (private) funeral therefore does not automatically become a public forum for protesters. This stripped the Phelps of their key First Amendment defense to the litigation as a whole (see Hustler Magazine v. Falwell, 485 U.S. 46 (1988)).

–The next step for the Phelps would be an appeal to the Fourth Circuit Court of Appeals. I see no reason for them to be optimistic. Stay tuned.

The case is Snyder v. Phelps, No. RDB-06-1389 (D. Maryland, 4 February 2008) (PDF – 55 pages)

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In a completely unrelated case, a Nebraska county court judge is (quite rightly) demanding an explanation from local prosecutors as to why Shirley Phelps-Roper is being charged with a criminal flag desecration offense that is clearly voided by the First Amendment (see Texas v. Johnson, 491 U.S. 397 (1989), and this chain of previous posts). The prosecutor acknowledges that his case is — his term — “problematic.” To say the least.

Similar Posts:

• On the Westboro Verdict
• More on Whether the West Virginia Miner Families Can Sue
• Is “Wrongful Good News” a Tort?
• Reconciling Philip Morris With Kelo?
• Hawkins v. McGee, 2007 Edition

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