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Snyder v. Phelps: A Prediction Based on Oral Arguments and the Supreme Court's Established Speech-Tort Jurisprudence


Deana Pollard-Sacks


Texas Southern University - Thurgood Marshall School of Law

December 30, 2010

Cardozo Law Review de Novo, p. 418, 2010

Abstract:     
Snyder v. Phelps presents the Supreme Court with the issue of whether tort liability for invasion of privacy and intentional infliction of emotional distress violates the First Amendment. This essay analyzes the facts of Snyder v. Phelps and the Court's questions and comments during oral arguments in the larger context of the Court's established speech-tort jurisprudence. The essay concludes that the Court appears poised to reverse the Fourth Circuit and to allow Mr. Snyder a "constitutionalized" tort remedy consistent with established speech-tort precedent concerning tort liability arising from speech where the plaintiff is a private individual, the speech is not of public concern, or both.

Number of Pages in PDF File: 12

Keywords: Speech Torts, Private Concern, Private Individual, First Amendment, New York Times v. Sullivan, Gertz v. Welch

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Date posted: January 2, 2011  

Suggested Citation

Pollard-Sacks, Deana, Snyder v. Phelps: A Prediction Based on Oral Arguments and the Supreme Court's Established Speech-Tort Jurisprudence (December 30, 2010). Cardozo Law Review de Novo, p. 418, 2010. Available at SSRN: http://ssrn.com/abstract=1733603

Contact Information

Deana Pollard-Sacks (Contact Author)
Texas Southern University - Thurgood Marshall School of Law ( email )
3100 Cleburne Street
Houston, TX 77004
United States
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