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Decided

Snyder v. Phelps

Docket No.09-751
Op. Below4th Circuit
ArgumentOct 6, 2010

Holding

The First Amendment protects those who stage a peaceful protest on a matter of public concern near the funeral of a military service member from tort liability.

Plain English Holding

The First Amendment protects from tort liability those who stage a peaceful protest on a matter of public concern near the funeral of a military service member.

Judgment

4th Circuit affirmed , 8-1, in an opinion by John Roberts on Mar 2, 2011.

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion Below (4th Circuit)
  • Petition for Certiorari (unavailable)
  • Brief in Opposition (unavailable)

Proceedings & orders timeline

Dec 23, 2009
Petition for a writ of certiorari filed. (Response due January 28, 2010)
Jan 20, 2010
Brief of respondents Fred W. Phelps, Sr., et al. in opposition filed.
Feb 3, 2010
DISTRIBUTED for Conference of February 19, 2010.
Feb 16, 2010
DISTRIBUTED for Conference of February 26, 2010.
Mar 1, 2010
DISTRIBUTED for Conference of March 5, 2010.
Mar 8, 2010
Petition GRANTED.
Mar 22, 2010
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 24, 2010.
May 24, 2010
Brief of petitioner Albert Snyder filed.
May 24, 2010
Joint appendix filed. (Statement of costs received)
May 24, 2010
Supplemental joint appendix filed.
May 27, 2010
Brief amicus curiae of Anti-Defamation League in support of neither party filed.
May 28, 2010
Brief amici curiae of Senators Harry Reid, Mitch McConnell, and 40 Other Members of the U.S. Senate filed.
Jun 1, 2010
Brief amicus curiae of Center for Constitutional Jurisprudence in support of neither party filed.
Jun 1, 2010
Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
Jun 1, 2010
Brief amici curiae of Kansas, et al. filed.
Jun 1, 2010
Brief amicus curiae of The American Legion filed.
Jun 1, 2010
Brief amicus curiae of Veterans of Foreign Wars of the United States. filed.
Jun 1, 2010
Brief amici curiae of The John Marshall Law School Veterans Legal Support Center & Clinic, et al. filed.
Jun 15, 2010
The time within which to file respondents' brief on the merits is extended to and including July 7, 2010.
Jul 7, 2010
Brief of respondents Fred W. Phelps, Sr., et al. filed.
Jul 13, 2010
Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.
Jul 14, 2010
Brief amicus curiae of Liberty Counsel filed.
Jul 14, 2010
Brief amicus curiae of Reporters Committee for Freedom of the Press, et al. filed.
Jul 14, 2010
Brief amici curiae of American Civil Liberties Union, et al.
Jul 14, 2010
Brief amici curiae of Scholars of First Amendment Law filed.
Jul 14, 2010
Brief amici curiae of Foundation for Individual Rights in Education, et al. filed.
Jul 14, 2010
Brief amicus curiae of Rutherford Institute filed. (Distributed)
Jul 20, 2010
CIRCULATED.
Jul 20, 2010
SET FOR ARGUMENT ON Wednesday, October 6, 2010.
Jul 26, 2010
Record received from U.S.C.A. for 4th Circuit. (1 box)
Aug 6, 2010
Reply of petitioner Albert Snyder filed. (Distributed)
Sep 2, 2010
Record received fro U.S.D.C. for District of Maryland (Baltimore) (2 boxes)
Oct 6, 2010
Argued. For Petitioner: Sean E. Summers, York, Penn. For respondents: Margie J. Phelps, Topeka, Kan.
Mar 2, 2011
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.
Apr 4, 2011
JUDGMENT ISSUED.
May 9, 2011
Record returned to U.S.C.A. for 4th Circuit.
May 9, 2011
Record returned to U.S.D.C. for the District of Maryland.

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