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Unit 5 Discussion

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Ok, for the sake of this Discussion Board our Team have composed a Defense Strategy for Westboro Church Members. Since we are slightly using the Snyder v. Phelphs case as a foundation to show that the Westboro Members were within their First Amendment rights when picketing a funeral, being creative seemed like a good idea. As far as being creative we changed the names to match our names.

When first thinking of what kind of questions to ask the question too truly to consider are the issues at hand. The first issue being considered is looking at the protest without the conduct of the Westboro Church Members is protected under the First Amendment. This means to ensure the protest happened on public property, is of public issue, and was of peaceful assembly.

The following questions and possible answers would support the defense that the members were within their First Amendment right.

Could you recall for me what happened on August 22, 2010?

Client1: Sure, August 22, 2010 was the day some of my family and church members picketed a funeral of some soldier. It was pretty much like any other day for us.

How exactly did your group conduct your protest?

Client1: Well, it wasn't fancy or anything but we were across the street from the church and graveyard with our signs. It was a darn shame that some cars were blocking us.

Could you restate the exact location you were standing?

Client 1: The exact location had to have been at least 1,000 ft. BECAUSE we weren't close enough to cause much harm to a fly over by the funeral. We were on public property per city ordinance that was for sure.

How loud were you in your protest?

Client 1: Loud? We were loud enough to bring attention our way but not loud like a concert or stadium full of people.

What was the exact wording on the signs your group were holding?

Client 1: Our signs worded what they normally stated "God hates America" "Thank God for Dead Soldiers". We reuse the same signs each time.

Do you personally know the Plaintiff Mr. Snyder? What about his son?

Client 1: No, of course not. I don't know him from Adam and Steve. Again, No.

Was or was not your protest a personal digression against Mr. Baggins and his family?

Client 1: No, the protest had nothing to do with Mr. Baggins or his family.

Please explain for me what your protest was against if it was not against the Baggins family?

Client 1: It should be obvious the protest is against the war, everything America is doing, and bringing awareness that America is sinning. It's a Public Service Announcement not personal slander attack.

Could you recall for me what happened on August 22, 2010?

Client 2: We protested at a funeral of an American Soldier.

How exactly did your group conduct your protest?

Client 2: We contacted the city for a permit and got them.

Could you restate and describe the exact location you were standing?

Client 2: The ordinance stated that we had to be at 100 feet from the building, we abided by this rule. We were a little further

How loud were you in your protest?

Client 2: loud enough to get our message heard.

What was the exact wording on the signs your group were holding?

Client 2: Thank God for Dead Soldiers, God Hates America.

Do you personally know the Plaintiff Mr. Baggins? What about his son?

Client 2: No, I saw information about his funeral in the newspaper.

Was or was not your protest a personal digression against Mr. Baggins and his family?

Client 2: No, we were informing people of their damnation if they continue to disobey God’s laws.

Please explain for me what your protest was against if it was not against the Baggins family?

Client 2: We wanted to bring attention to matters of public concerns. This is a public message according to public law. We obeyed all the laws.

Did your signs had any explicit context?

Client: No it did not.

How long did you all picket for?

Client: For about 30 minutes prior TO when the funeral began.

What was the issue at hand?

Client: Snyder the father of the soldier filed a diversity action against and Westboro as the church AS WELL AS MYSELF of intentional infliction of emotional distress, intrusion upon seclusions damages, and civil conspiracy.

Did the soldier’s father see the signs the day of the funeral? Did he know what the signs stated when he saw them on his way to the funeral?
Client : Baggins saw the top of the signs when driving to the funeral, but didn’t learn what was written on them until later the night of the broadcast.

It would be clear from the Questions and Answers between the Attorney's and the Defendants, whereas the Defendants acted within their First Amendment rights. Not only did they act based on their First Amendment right they also stayed within city ordinance when planning their protest. Their actions were indeed constitutional. They were in the proper distance of the church, the message was not geared to personally inflict anyone, and more so that the signs were more of a concern than of the actions of the church.

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