Advanced Placement (AP) High School

For more than twenty-five years, the congregation of the Westboro Baptist Church has pick- eted military funerals. Church members believe that God hates the United States, specifically its military, for its tolerance of homosexuality. The picketing has also condemned the Catholic Church for scandals involving its clergy. At the funeral of Marine Corporal Matthew Snyder, picketers held up signs that said, "Thank God for Dead Soldiers, Doom Nations," "America Is Doomed," "Prieand "Youhe protest was peaceful and lasted for about thirty minutes before the funeral began. In Snyder v. Phelps, the Supreme Court ruled that the protest was protected by the Constitution.
A. Identify a provision of the Constitution that is common to Snyder v. Phelps (2011) and Schenck v. United States (1919). B. Explain why the facts of Schenck v. United States led to a different holding in Snyder v. Phelps. C. Describe an action that city or state government officials who disagree with the holding in Snyder v. Phelps could take to limit its impact.

Answers

Answer 1

A. Both Snyder v. Phelps and Schenck v. United States involve First Amendment free speech protections.

What did this involve?

B. Schenck v. United States involved speech that presented a clear and present danger to national security during wartime, whereas Snyder v. Phelps involved speech on a matter of public concern (the military and homosexuality) in a public space, which is given greater protection under the First Amendment.

C. City or state officials who disagree with the holding in Snyder v. Phelps could enact reasonable time, place, and manner restrictions on picketing at funerals, as long as those restrictions do not target the content of the speech.

Additionally, officials could potentially use their authority to create designated protest zones that balance the right to free speech with the privacy and emotional needs of funeral attendees.

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