2010 Supreme Court term

ALBERT SNYDER v. FRED W. PHELPS, SR., ET AL.

Dockets 09-751Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Sean E. Summers (Petitioner), the case concerns a dispute over protest signs displayed at the funeral of Albert Snyder’s son.

According to Ms. Phelps, the respondents argue that their speech is protected by the First Amendment because it concerns matters of public concern.

Background and question before the Court

The funeral procession was rerouted to keep the protestors 200–300 feet away from the church entrance.

According to Sean E. Summers (Petitioner), protestors displayed signs reading “Priests Rape Boys,” “God Hates You,” and “You’re Going to Hell.”

According to Sean E. Summers (Petitioner), the petitioner argued that the funeral context made the protest harmful and that he was entitled to seek relief under Maryland tort law.

Justice Alito asked whether the First Amendment never allows a claim for intentional infliction of emotional distress unless the speech is false or true.

Justice Alito also asked whether the speech was on a matter of public concern.

Justice Scalia asked whether the conduct was “outrageous,” a required element for intentional infliction of emotional distress.

According to Justice Scalia, justice Scalia also questioned whether “fighting words” is a subjective standard.

What each side argues

Petitioner (Albert Snyder)

According to Sean E. Summers (Petitioner), according to Sean E. Summers (Petitioner), the funeral should have been private and dignified; the protest interfered with that right.

According to Sean E. Summers (Petitioner), according to Sean E. Summers (Petitioner), the signs displayed were offensive.

Respondent (Fred W. Phelps, Sr.)

According to Ms. Phelps, their speech addresses matters of public concern, such as race and public policy.

According to Ms. Phelps, their conduct was within the bounds of protected speech as recognized by precedent.

What happened at oral argument

Justice Scalia asked whether the case was “just about a funeral” and referenced a video the petitioner saw after the funeral.

Justice Alito questioned whether the First Amendment bars a claim for intentional infliction of emotional distress unless the speech is false or true.

Justice Alito also asked whether the speech was on a matter of public concern.

Justice Scalia asked whether the conduct was “outrageous,” a required element for intentional infliction of emotional distress.

According to Justice Scalia, justice Scalia also questioned whether “fighting words” is a subjective standard.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 25c8ec9b925a0a5c265c-r1-56abc0c68ed7b857.pdforal argument transcript

Guide generated September 24, 2026. Automated validation accepted this version.