301 forum and responses

Week 3:

Forum Instructions:

Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name and give a summary of the facts of the case, the issue, the Court’s decision and whether or not you agree with the court’s legal reasoning. In oral argument, Justice Scalia questions the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine is dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video and answer these questions.

Please define and explain the doctrine. Could/should it have been applied in this case?


Your initial post should be made by Thursday this week. You should then respond to 3 or more posts. This can be accomplished by

· Validating with additional evidence from the literature.

· Posing a thoughtful question with commentary which generates further discussion.

· Providing an alternative point-of-view, with evidence and examples.

· Offering additional insight into how the concept might be understood, with evidence provided with real world examples.

You should be active in the classroom throughout the week and actively engaged in the back-and-forth discussion between your colleagues and the professor. The forum grading rubric can be reviewed by clicking on the blue and white box beside the forum entry in the gradebook.