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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

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    Don't Criticize Alito Too Harshly (none / 0) (#7)
    by The Wizard of Laws on Thu Mar 03, 2011 at 07:59:40 AM EST
    Justice Alito essentially took the position that the First Amendment is not absolute (a given) and that allowing Snyder to sue Phelps and Westboro would not do any lasting harm to the Constitution.  Here are a couple of excerpts from Justice Alito's dissent:

    F]unerals are unique events at which special protection against emotional assaults is in order. At funerals, the emotional well-being of bereaved relatives is particularly vulnerable . . . Exploitation of a funeral for the purpose of attracting public attention "intrud[es] upon their ... grief," . . . and may permanently stain their memories of the final moments before a loved one is laid to rest. Allowing family members to have a few hours of peace without harassment does not undermine public debate. I would therefore hold that, in this setting, the First Amendment permits a private figure to recover for the intentional infliction of emotional distress caused by speech on a matter of private concern.
    *   *   *
    Respondents' outrageous conduct caused petitioner great injury, and the Court now compounds that injury by depriving petitioner of a judgment that acknowledges the wrong he suffered.

    In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner. I therefore respectfully dissent.



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