Today in Washington, D.C., at the United States Supreme Court, the Justices heard arguments in the case Snyder v. Phelps. Albert Snyder’s son, Lance Cpl. Matthew Snyder, was killed in Iraq in 2006, and at his funeral, protestors from a Fundamentalist Church held signs and shouted that Lance Cpl. Snyder’s death, and all other service member’s deaths, are example’s of God’s punishment for what the Church perceives as “America’s immorality.”
Justice Stephen Breyer addressed the Internet portion of the case by suggesting he didn’t know what the rules should be when it comes to private individuals saying “very obnoxious” statements about another group/person online. The Fundamentalist Church posted a poem online attacking the way Mr. and Mrs. Snyder raised Matthew as a child. The family won an $11 million dollar verdict that was reduced to $5 million dollars based on emotional distress and other causes of action, but a Virginia Court of Appeals throughout the verdict citing the Church’s 1st Amendment Rights.
This will be a very interesting case to watch in the coming months when the decision is announced. The ramifications either way, regarding freedom of speech online, will certainly change the shape of how Americans conduct themselves in the online world. In a continuing effort to help readers and clients address ways of protecting brand reputation online, this case may become a seminal mark in cyber-law for decades to come.