FREEDOM OF SPEECH

Oral argument: Oct. 6, 2010

Appealed from: United States Court of Appeals for the Fourth Circuit (Sept. 24, 2009)

FIRST AMENDMENT, FREEDOM OF SPEECH, PRIVACY, STATE TORT REMEDIES

Respondents Fred W. Phelps, Shirley L. Phelps-Roper, and Rebekah A. Phelps-Davis (“the Phelpses”) protested at the military funeral of Petitioner Albert Snyder’s son, holding signs saying "God Hates the USA," "Thank God for 9/11," and other phrases. Snyder successfully sued the Phelpses for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy, and the jury awarded Snyder $2.9 million in compensatory damages and $8 million in punitive damages. On appeal, the Fourth Circuit Court of Appeals overturned the jury verdict, holding that the Phelpses’ statements were protected under the First Amendment and thus could not be subject to a civil lawsuit. The Fourth Circuit reasoned that the statements should be protected because they are rhetorical hyperbole, as opposed to verifiable fact, and because the statements address matters of public concern. The Supreme Court’s decision in this case will implicate individuals’ free speech and privacy interests and the states’ interest in protecting their citizens through tort law.

Oral argument: Dec. 1, 2009

Appealed from: United States Court of Appeals for the Eighth Circuit (Sept. 4, 2008)

BANKRUPTCY, FIRST AMENDMENT, FREEDOM OF SPEECH, DUE PROCESS

This case concerns the application and constitutionality of three Bankruptcy Code provisions applicable to debt relief agencies: 11 U.S.C. §§ 526(a), 528(a)(4), and 528(b)(2)(B). Minnesota law firm Milavetz, Gallop & Milavetz, P.A. claims exemption from the provisions, arguing that an attorney is not a “debt relief agency.” Furthermore, it claims that 11 U.S.C. § 526(a), which prevents a “debt relief agency” from counseling a client to incur additional debt in contemplation of bankruptcy, is an unconstitutionally overbroad restriction of free speech. Finally, Milavetz argues that 11 U.S.C. §§ 528(a)(4) and 528(b)(2)(B), which require a “debt relief agency” to make certain disclosures in their advertisements, violate the First Amendment. The United States argues that the statutes apply to attorneys and that they are reasonable and specific restrictions on speech. This case’s outcome will potentially affect bankruptcy laws, disclosure laws, and the legal advice that a lawyer may provide a client. 

Appealed from: United States Court of Appeals, Ninth Circuit (Mar. 22, 2004)

Oral argument: October 12, 2005