Today the Court decided Snyder v. Phelps, the case about the Westboro Baptist Church's anti-gay picketing of military funerals. Snyder had won a jury verdict on intentional infliction of emotional distress (IIED), a relatively recently created tort that applies to conduct so "outrageous" that it goes beyond the bounds of what society finds acceptable. This was a tough case that pitted a First Amendment right to speak on matters of public concern against a non-public figure's right to privacy. The decision came down 8-1 on the side of the church, and I think their analysis misses the point. Strangely enough, and in a way that may destroy any ACLU cred I have, I find myself agreeing with Justice Alito in dissent, and those are not words I expected to find myself typing.
