Anti-gay church verdict

[marty.lederman at comcast.net]

And, of course, unlike in Hustler, the persons at whom the speech was directed here were not public figures.

On this point, I highly recommend Robert Post's article on Hustler, "The Constitutional Concept of Public Discourse: Outrageous Opinion, Democratic Deliberation, & Hustler Magazine v. Falwell," 103 Harvard Law Review 603 (1990).

 -------------- Original message ----------------------
From: Douglas Laycock <laycockd at umich.edu>
> 
> 
>   Tough call.  Hustler v. Falwell says that intentional infliction of
> emotional distress, when based on political speech, requires actual
> malice.  But there the IIED claim was based on the content of the
> speech.  Here, assuming the plaintiff's lawyer made a sensible jury
> argument, the IIED claim is based on time, place, and manner.  They
> could have said these things, but they could not disrupt a funeral
> while they said them.  A court could plausibly distinguish those
> cases if it chose.
> 
>   Quoting Joel <jlsatty at wwisp.com>:
> 
> > From:    Father wins millions from war funeral pickets
> > http://www.msnbc.msn.com/id/21566280/[1]
> >
> >
> >
> > "The church members testified they are following their religious
> beliefs by
> > spreading the message that soldiers are dying because America is
> too
> > tolerant of homosexuality."
> >
> >
> >
> > "Attorneys for the church maintained in closing arguments Tuesday
> that the
> > burial was a public event and that even abhorrent points of view
> are
> > protected by the First Amendment, which guarantees freedom of
> speech and
> > religion."
> >
> >
> >
> > Any thought on what the appellate court will do?
> >
> >
> >
> > Joel L. Sogol
> >
> > Attorney at Law
> >
> > 811 21st Avenue
> >
> > Tuscaloosa, Alabama  35401
> >
> > ph (205) 345-0966
> >
> > fx  (205) 345-0967
> >
> > jlsatty at wwisp.com
> >
> >
> >
> > Ben Franklin observed that truth wins a fair fight -- which is why
> we have
> > evidence rules in U.S. courts.
> >
> >
> >
> >
> 
> Douglas Laycock
> Yale Kamisar Collegiate Professor of Law
> University of Michigan Law School
> 625 S. State St.
> Ann Arbor, MI  48109-1215
>   734-647-9713
> 
> Links:
> ------
> [1] 
> /horde/services/go.php?url=http%3A%2F%2Fwww.msnbc.msn.com%2Fid%2F21566280%2F
> 
> 


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