The Hate Speech

of
Snyder v. Phelps
(2011)
COMM 1080 GROUP PROJECT PRESENTATION #2 CREATED BY GROUP #2:
MCKAY BENDIXEN, SARA HARE, CRAIG OLSEN, AND KAREE PETERSON

Definition of hate speech

and its correlation to
Snyder v. Phelps
HATE SPEECH: SPEECH THAT ATTACKS, THREATENS, OR INSULTS A
PERSON OR GROUP ON THE BASIS OF NATIONAL ORIGIN,
ETHNICITY, COLOR, RELIGION, GENDER, GENDER IDENTITY,
SEXUAL ORIENTATION, OR DISABILITY.

Summary of Snyder v. Phelps:

A JURY HELD MEMBERS OF THE WESTBORO BAPTIST

CHURCH LIABLE FOR MILLIONS OF DOLLARS IN DAMAGES
FOR PICKETING NEAR A SOLDIER'S FUNERAL SERVICE.
THE PICKET SIGNS REFLECTED THE CHURCH'S VIEW THAT
THE UNITED STATES IS OVERLY TOLERANT OF SIN AND
THAT GOD KILLS AMERICAN SOLDIERS AS PUNISHMENT.

Chief Justice Roberts used sweeping language

culled from the First Amendment canon in
setting out the central place free speech plays
in the constitutional structure. Debate on
public issues should be robust, uninhibited and
wide-open, he wrote, because speech on
public issues occupies the high strung of the
hierarchy of First Amendment values.

"Westboro believes that America is morally flawed; many

Americans might feel the same about Westboro. Westboro's
funeral picketing is certainly hurtful and its contribution to
public discourse may be negligible," Justice Roberts said.
However, "As a nation we have chosen a different course
to protect even hurtful speech on public issues to ensure
that we do not stifle public debate."

Chief Justice Roberts wrote that

two primary factors required a
ruling in favor of the church.

First, he said, its speech was on matters of public concern. While the
messages on the signs carried by its members may fall short of refined
social or political commentary, he wrote, the issues they highlight
the political and moral conduct of the United States and its citizens, the
fate of our nation, homosexuality in the military and scandals involving
the Catholic clergy are matters of public import.

Second, the members of the church

had the rightto be where they were.
They were picketing on apublic street
1,000 feet from the site of the funeral;
they complied with the law and with
instructions from the police, and they
protested quietly and without violence.

Chief Justice Roberts wrote for the majority saying:

"Speech is powerful. It can stir people to action,
move them to tears of both joy and sorrow, and -as it did here inflict great pain. On the facts
before us, we cannot react to that pain by
punishing the speaker."

But the chief justice showed little sympathy for the

message Westboro promotes.

Conflict Analysis
What kind of conflictis it?

Albert Snyder, left, is the father of Lance Cpl. Matthew Snyder, center, whose funeral was picketed by members of the
Westboro Baptist Church

Snyder versus Phelps is a value

conflict:
Westboro Baptist Church (WBC) believes that
god punishes the United States forits
tolerance of homosexuality, especially in the
military. This is a religious belief that conflicts
with the majority of beliefs and values within
the U.S.

Other Possible
Motivations:

PUBLIC DISPLAYCOULD BE USEFUL TO

RECRUIT MEMBERS

WANT TO BE IN THE LIME LIGHT

Whatis the Conflict Style?

THEWESTBORO BAPTIST CHURCH HAS
CHOSEN TO COMPETE WITH THE
CITIZENS OF THE U.S. THROUGH
PICKETING AT SOLDIERS FUNERALS.
THEYHAVE CHOSEN A ITSMY WAY OR
THE HIGHWAYMENTALITY.

Suggested Styles to Use for this

Conflict:
We believe that our first option is to competewith the WBC because:
THE CHURCH IDEAS ARE AN UNDENIABLE EVIL. MEANING THAT THEY SEEKTO
ABUSE AND OPPRESS INDIVIDUALSWHO ARE LESBIAN, GAY, BISEXUAL, OR
TRANSGENDER. THEY ADVOCATE NO TOLERANCEFORPEOPLE WHO ARE
DIFFERENT THAN THEMSELVES. THERE IS NO WAY TO ACCOMMODATE,
COMPROMISE,ORCOLLABORATE.

THE WBCHAS DAMAGED THE RELATIONSHIPS THEY MAY HAVE HAD WITH ALL
THOSE WHO ARE INVOLVEDIN THE CONFLICT AND WITH, MANY OR ALL, U.S.
CITIZENS. SO WE ARE NOT A RISK OF DAMAGING A RELATIONSHIP WITHTHE
WBC BY COMPETING.

THE DISADVANTAGEIS A POSSIBLE ESCALATIONOF A BAD SITUATION.

Suggested Styles to Use for

this Conflict:
WE BELIEVE THAT OUR SECOND OPTION IS TO AVOID
THE WBC BECAUSE:

THE WBC BELIEFS ARE CAUSING DAMAGE PHYSICALLYTOANYONEOR

ANYTHING.

WEDO NOT NEED TOPRESERVEA RELATIONSHIP WITH THESEINDIVIDUALS.

IN TIME, THEY MAY JUST DISAPPEAROR LOSE INTEREST.

THE DISADVANTAGEIS THE PROBLEM NEVER GETS SOLVED.

What We Learned about Hate

Speech

We learned that Hate Speech has very

destructive consequences within society

THE SUPREME COURT IS PROHIBITED, BY THE FIRST AMENDMENT OF THE

CONSTITUTION, FROM REGULATING SPEECH ALL TOGETHER.

IF THE GOVERNMENT WERE TO START REGULATING SPEECH, EVEN JUST HATE SPEECH,
THEY WOULD ALSO HAVE THE POWER TO REGULATE IDEAS. THIS COULD BE DISASTROUS
TO OUR NATION. IF YOU NEED AN EXAMPLE OF WHAT OUR COUNTRY MIGHT BE LIKE
WITHOUT FREEDOM OF SPEECH OR FREEDOM OF IDEAS, SEETHE GIVERSTARRING JEFF
BRIDGES.

We learned that hate speech is

almost unavoidable.

THOSE MAY NOT BE THE RIGHT WORDS, BUT EVERYTHING HAS ITS
NEGATIVES. HOWEVER, IF WE WERE TO START REGULATING OUR SPEECH
THEN, THAT IS TAKING FROM OUR FREEDOM.

WE KNOW THAT MANY PEOPLE DISAGREE WITH THE WESTBOROUGH

BAPTISTS ACTIONS AND OPINIONS, BUT IF WE TRY TO REGULATE IT THEN
WHAT SHOULD HAPPEN TO EVERY OTHER CONTROVERSIAL TOPIC IN OUR
SOCIETY?

We learned that Hate Speech is

very bad and hurtful to people

THE FIRST AMENDMENT IS FREEDOM OF SPEECH, AND THAT IS

SOMETHING WE CAN NOT TAKE AWAY FROM PEOPLE, EVEN
THOUGH WE MAY WANT TOO.

IF WE DISAGREE WITH WHAT THEY ARE SAYING, IT IS THEIR

LEGAL RIGHT AS AN AMERICAN CITIZEN TO SAY WHAT THEY WANT
IN THE PUBLIC SECTOR.

Our Group Organization and

Process

THIS GROUP BROUGHT INDIVIDUAL IDEAS AND PRESENTED THEM IN A

CONFERENCE MEETING IN CANVAS. THE ORGANIZATION DOES NOT
FUNCTION UNDER ANY CHOSEN LEADER. WE HAVE CHOSEN TO HAVE
EQUAL POWER AMONG MEMBERS. EACH MEMBER IS GIVEN A TASK
AND ASKED TO COMPLETE IT BEFORE THE NEXT MEETING.

THE DECISION MAKING PROCESS IS DONE ESSENTIALLY THROUGH

VOTING. AN IDEA IS PRESENTED AND IT IS APPROVED OR NOT
APPROVED WITH FEEDBACK AS TO WHY IT WAS NOT APPROVED.

OUR GROUP PROCESS IS A VERY DEMOCRATIC ONE, WHERE WE ALL DECIDE WHO
SHOULD DO EACH PART, AND NOT JUST ONE PERSON TAKES ALL THE CONTROL.

EVERYONE WAS EQUALLY ABLE TO SHARE HIS OR HER IDEAS, AND OPINIONS ON
HOW WE SHOULD MANAGE THE GROUP PRESENTATION.

EVERYONE DID THEIR PART TO MAKE SURE EVERYTHING WAS COMPLETED TO

EVERYONES LIKING.

EACH INDIVIDUAL WAS ASSIGNED A CERTAIN TASK TO CONTRIBUTE, AND THEN

WE ALL SHARED OUR WORK, AND ANALYZED EACH OTHER IN A WAY THAT WAS
PRODUCTIVE.

OUR GROUP PROCESS WORKED REALLY WELL FOR OUR

SITUATION.

WE HAD NO LEADER AND WHEN A DECISION HAD TO BE MADE

IT WAS MADE BY THE GROUP AS A WHOLE BY USING THE
VOTING PROCESS.

THIS GROUP DYNAMIC WOULD WORK WELL IF EVERYONE WAS

WILLING TO PARTICIPATE AND BE EQUAL PARTNERS IN THE
GROUP.

Works Cited
ADAMS, P. J. (ND.). CONFLICT ANALYSISPP.PPTPREVIEW THE DOCUMENT. NP.

ADAMS, P. J. (ND.). CONFLICTSTYLES.PPT. NP.

ADMINISTRATIVE OFFICE OF THE U.S. COURTS ON BEHALF OF THE FEDERAL JUDICIARY. (2011, MARCH 2).FACTS AND CASE SUMMARY FOR
SNYDER V.
PHELPS 131 S. CT. 1207. RETRIEVED FROM HTTP://WWW.USCOURTS.GOV/EDUCATIONAL- RESOURCES/GET INVOLVED/CONSTITUTION-ACTIVITIES/FIRSTAMENDMENT/PROTESTS-FLASH-MOBS/FACTS-CASE-SUMMARY.ASPX

CHUANG, A. (2014, NOVEMBER 25).POYNTER.ORG. RETRIEVED FROM WWW.POYNTER.ORG:

HTTP://
WWW.POYNTER.ORG/NEWS/MEDIAWIRE/115235/WESTBORO-BAPTIST-CHURCH-PROTEST-RAISES-QUESTIONS-ABOUT-HOW-TOSPEECH/

COVER-HATE-

DICTIONARY. (2015).DICTIONARY.COM. RETRIEVED FROM DICTIONARY.COM: HTTP://DICTIONARY.REFERENCE.COM/BROWSE/HATE+SPEECH

LIPTAKMARCH, ADAM. JUSTICES RULE FOR PROTESTERS AT MILITARY FUNERALS. THE NEW YORK TIMES. 2015THE NEW YORK TIMES COMPANY. WEB.
02
MAR 2015. HTTP://WWW.NYTIMES.COM/2011/03/03/US/03SCOTUS.HTML?_R=0(LINKS TO AN EXTERNAL SITE .)

MEARS, BILL. ANTI-GAY CHURCH'S RIGHT TO PROTEST AT MILITARY FUNERALS IS UPHELD. CNN SUPREME COURT PRODUCER. WEB. 02 MAR 2011.
HTTP://WWW.CNN.COM/2011/US/03/02/SCOTUS.WESTBORO.CHURCH/(LINKS TO AN EXTERNAL SITE.)

NOYCE, P. (DIRECTOR). (2014).THE GIVER[MOTION PICTURE].

All photos provided courtesy of

Photobucket.com