In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals

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The question asks about the Supreme Court's 2011 Snyder v. Phelps ruling regarding Westboro Baptist Church protests at military funerals.
Option A: 'were a constitutionally protected form of free speech.' This is the correct framing of the Court's decision. The Court held that the First Amendment protects even deeply offensive, provocative speech on public issues, including at funeral services, so long as it is not intended to incite imminent lawless action.
Option B: 'would need specific prior approval by a federal judge.' This is incorrect. The Court did not require or authorize prior judicial approval for protests; it emphasized the protection of speech under the First Amendment, absent special circumstances like incitement or threats.
Option C: 'were unconstitutional because the funerals were military, but they would have been constitutional at civilian funerals.' This is false. The Court rejected the notion that military funerals are categorically less protected; the ruling applied broadly to the right to protest in public forums and did not distinguish based on the military nature of the funeral.
Option D: 'were a state matter and must be decided on a case-by-case basis in state courts.' The Snyder decision was a federal question interpreting the First Amendment; it did not leave this issue exclusively to state courts or imply a state-by-state approach.
Option E: 'could not be considered constitutionally protected freedom of assembly.' This contradicts the Court’s holding that the speech and assembly at issue are protected by the First Amendment, even if they are hateful or upsetting.

6253-15568-GOVT-2305 Chapter 4: Civil Liberties

In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals

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