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Free speech at funerals

Snyder v. Phelps

Updated Oct 18, 2026

In brief

The Supreme Court upheld the ruling that the First Amendment protected Westboro from liability for its picketing in this case.

Where it stands
Decided

Decided 8-1 · March 2, 2011 · Opinion by Justice Breyer

What it’s about
Albert Snyder sued the Westboro Baptist Church over its picketing at his son Matthew’s military funeral, claiming emotional harm.
Who it affects
The ruling protects Westboro from civil liability for the picketing challenged in Snyder's lawsuit.

Summary: written with AI from the case record.

Illustration for Albert Snyder v. Fred W. Phelps, Sr.
Conceptual illustration · AI-generated

What it's about

The Supreme Court agreed with the lower court and ruled that the First Amendment protected Westboro from tort liability for its picketing in this case.

Matthew Snyder was a Marine killed in Iraq.

The dispute asked whether a family could sue over emotional harm from protest messages at a military funeral.

Question presented

Does the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased?

What the Court decided

Holding

The First Amendment shields Westboro from tort liability for its picketing in this case. 580 F. 3d 206, affirmed.

Result
Affirmed

The Court's reasoning

Justice Breyer described the Court's main reason as that Westboro's picketing addressed matters of public concern—issues affecting the public.

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 8joined the Court's opinion
  1. Breyerwrote the opinion
  2. Kagan
  3. Thomas
  4. Scalia
  5. Kennedy
  6. Ginsburg
  7. Sotomayor
  8. Robertsalso wrote separately
Dissenting · 1disagreed with the result
  1. Alitowrote the dissent
8 justices joined the judgment, 1 dissented.

From the opinions

“Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.”

— Justice Alito(dissent)

What's next

The Supreme Court's decision leaves the Fourth Circuit's ruling in place in Snyder's case.

Documents

2

Docket activity

11
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

Show 6 more
  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Audio Recording added: Oral Arguments - Snyder

    Oct 30, 2014 · Court records

  • Opinion added: Snyder

    Mar 2, 2011 · Court records

More questions

1
Did the Court address Westboro's Internet postings?
No. Justice Breyer said the opinion said nothing about Internet postings.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis