I think the complainant against Westboro would have won his case but for the fact that the picketers strictly obeyed the law and I think the father didn’t see them at the funeral (but maybe on TV afterwards?).
Why the hell did I say that? Actually, the jury did award Albert Synder millions of dollars. Upon appeal, the district court reduced the award; the Circuit court reversed the verdict on the grounds that the Westboro picketers were engaged in speech on matters of public concern, and, because the statements on their signs (e.g., “Thank God for Dead Soldiers,” “**** Doom Nations,” “You’re Going to Hell,” “God Hates You”) are not provably false, they were just “hyperbolic rhetoric,” and the Supreme Court agreed:
http://www.supremecourt.gov/opinions/10pdf/09-751.pdf
Even though the issue is settled, I must say that I agree with Alito’s lone dissent in this case. (It hardly ever happens that I agree with a lone dissent in Court ruling.) It just seems to me that Westboro’s picketing of soldiers’ funerals and the statements on their signs are not just acts of political speech on some matter that a legislature may take up, but are intended to personally injure people at what is probably the most painful times of their lives--when they are burying their child who has been killed in a war. To my mind, in most any other circumstance the statements on their signs are speech that the First Amendment protects (e.g., the same words posted on a website would be protected). I don’t perceive that legitimate political speech, on “matters of public concern,” would have been threatened in any way by finding the Westboro picketers liable for intentionally inflicting emotional distress in this case. To my mind, there is even a discernible distinction between this case and the circumstance of people who hang around in front of abortion clinics and yell and try to hand pamphlets to women entering the clinic.
Moreover, as Alito points out, given Westboro’s defense and the ruling in this case, it basically means that there really isn’t any such tort of IIED in the US, that the First Amendment protects such acts and speech regardless of how outrageous and intentionally injurious they may be.
By the way, everyone posting on RF agrees to abide by the rules that forbid certain speech, such as personal insults. Do you believe that there are important opinions on issues that such rules prevent you from expressing?