All language subtitles for Justice.on.Trial.S01E07.1080p.WEB.h264-EDITH

We commend
to your care, oh, Lord,

the spirit of Matthew Snyder,

who died protecting
others as a brave Marine

in the war with Iraq,

so that others might live.

God hates fags!

Ready!

Aim!

Fire!

The
wage of sin is death!

Ready. Aim. Fire!

God killed your son!

God killed your son!

I'm Judy Sheindlin. Before
I was a judge on TV,

I was a judge in New
York City for 15 years,

and a lawyer for 17
years before that.

While serving on both
sides of the bench,

I learned that justice doesn't
always end up feeling...

just.

Sometimes, the impact of one
decision by a police officer,

a lawyer, or even a judge can
change the way justice is delivered.

We're going to demonstrate
this by taking landmark cases

from actual crimes
committed by real people,

and we'll recreate them
with our trial lawyers,

and yours truly as
the trial judge.

While we're not going to
recreate the trials verbatim,

all the court's ultimate
decisions are accurate.

It will be up to you to decide
whether the case was fair

and the outcome just.

Real
cases, actual lawyers,

surprising verdicts,

Justice on Trial.

This episode of Justice on Trial
touches the lives of everyone.

It involves free speech.

As you'll see, cases about free
speech can be, well, pretty emotional.

The First Amendment
of the Constitution

contains ten simple words on
the subject of free speech.

Quote, "Congress shall make no law
abridging the freedom of speech."

That's it. No definition
of what free speech is.

Defining protected speech
has been left to the courts.

You probably know some examples
of speech that isn't protected,

such as threats of violence.

But what about hate speech?

And what about speech that
causes emotional distress?

That's what this
case tries to define.

But as you'll see,
it isn't easy.

Members of the jury,

the Plaintiff, Albert Snyder,

is the father of a
United States soldier

who was killed while
serving his country in Iraq.

During his son's
funeral, the Defendants,

Fred Phelps, who is the founder
of the Westboro Baptist Church

and his daughters led a protest
outside of that funeral.

The Plaintiff alleges that he
suffered extreme emotional distress

as a result of the Defendant's
words and seeks damages.

The Defendant argues that,
although perhaps hurtful,

his speech and
acts are protected

by the First Amendment's
freedom of speech.

You must decide.

Counsel, note your appearance.

Good morning, Your
Honor. Larry Bakman

on behalf of the Plaintiff Albert
Snyder, who is present in court.

And for the Defendants Fred
Phelps, Shirley Phelps-Roper

and the Westboro Baptist
Church, I'm Dan Mentzer.

-Good morning, Your Honor.
-Good morning.

Counsel, if you wish to
make an opening statement,

you may do so now.

Morning, members of the jury.

This is my opportunity
to let the jury know

where I will be going
with the Plaintiff's case.

The Defense is going
to argue to you

that the speech
undertaken by his clients

were protected by
the First Amendment.

Our position is, that's simply
not true. This is hate speech.

Albert in this case
just buried his son.

He turns on the news
immediately after the funeral,

and this is what he hears.

The wage
of sin is death!

Another military funeral
has been interrupted

by the ultra-conservative
Westboro Baptist Church.

The
wage of sin is death!

Why are you protesting at the
funeral of Matthew Snyder,

a decorated Marine who was
tragically killed in Iraq?

The US military is
being punished by God

for letting in gays.

God Himself struck that boy down

to show us that
homosexuality is a sin

punishable by death.

The
wage of sin is death!

These people here had
absolutely no respect,

no consideration of how
offensive their words were.

And because of that, my
client is entitled to recover

for the intentional
infliction of emotional harm

that their conduct
caused. Thank you.

Mr. Mentzer?

Thank
you, Your Honor.

Picketing the funeral of Matthew
Snyder, Albert Snyder's son,

was not a game to my clients.
They knew by picketing,

they would be placing
themselves in great danger

by a lot of people who don't like
the content of what they're saying.

So, why would they do it?

That's because they believe
that the US military,

by allowing homosexual and gay
servicemen and women into its ranks,

is actually placing the
military itself in danger.

It was not directed at Matthew Snyder,
but at the military in general.

And that's a key
distinction here.

Because ladies and
gentlemen, in this country,

the First Amendment
guarantees us the right.

We can voice our opinion on
matters of public concern

without fear of being sued
because it's that important.

So, we're allowed
to say the things,

the offensive, the hurtful,
the homophobic language

used by my clients,

they're allowed to do that,
no matter how disturbing,

no matter how offensive
those comments might be.

Thank you.

Mr. Bakman, please call
your first witness.

I call Fred Phelps.

Swear the
witness, please.

Raise your right hand, please.

Do you swear to tell the
truth in these matters today?

-I do.
-Thank you.

You may inquire, sir.

Thank you, Your Honor. You run
the Westboro Baptist Church,

do you not?

Yes.

And part and parcel
of your teachings

is to teach homophobic remarks
to your congregation, correct?

No, it is not. We
teach religion.

Well, did you teach
religion on March 10th,

when you traveled from
Kansas to Maryland

to picket Matthew
Snyder's funeral?

Yes, sir, we were
teaching religion.

Ah, excuse me, folks. Are you
with the Westboro Baptist Church?

That's right, Officer.
Here to do God's work.

Right, right.

Can I see your permit?

Here you are.

Well, looks legit. Let's
go over some ground rules.

The only rule we need to
concern ourselves with

is the rule of God.

And it is He and only
He that I answer to.

Actually, as an officer of the
law here in the state of Maryland,

you'll answer to me. And if
you or one of your lemmings

comes within just an inch of
the 1,000-foot mandated distance

between here and that boy's funeral,
I'll arrest all of you immediately.

How's that sound, Padre?

We understand, Officer.

We've exercised our right to free speech
as American citizens hundreds of times.

And just as Moses did at
the base of Mount Sinai,

we will deliver Almighty God's
message to the sinners of the world.

I'm sure you will.

And by the way, did you
bring signs with you?

Yes, we did.

You made those signs up
at the Westboro Church,

-is that right?
-Yes.

Proud of those
signs, aren't you?

Yes, sir.

And you didn't go to
Maryland alone, did you?

-Nope.
-You took your daughters?

Yes.

And four of your
grandchildren, is that right?

Yes.

And when you picket
the military funerals,

you make sure that the picketing

exhibits your hatred
towards homosexuals.

Correct, sir?

Yes, sir.

And it is a hatred,
isn't it, Mr. Phelps?

Yes, due to the
disrespect of God.

Well, you believe that
homosexuality is an abomination

pursuant to the
Bible, correct, sir?

Yes.

So, let
me ask you this.

Let's talk about the photographs

that were taken of you

at the picketing of
Matthew Snyder's funeral.

-May I approach the witness, Your Honor?
-Yes.

I have three photographs,
I'm gonna mark

Plaintiff's One, Two and Three.

I've previously shown
them to counsel.

Deemed marked.

Thank you. Showing you Plaintiff's
One for identification, Mr. Phelps.

Do you recognize that
as a photograph of you?

Yes.

Those are
your words, are they?

Yes.

You were proud
to put those words

on a sign, and then carry
that sign 1,000 miles

-from Kansas to Maryland, correct?
-Objection.

He made 'em, he carried
'em, and he exhibited them.

-Correct, sir?
-Yes.

-And you believe them.
-Yes, Judge.

-Every word?
-Yes.

Now, when that
sign was displayed,

you knew that Matthew Snyder's father
was burying his son that day, didn't you?

Yes.

You knew his son was
killed in Iraq, didn't you?

-Yes.
-You didn't care whether or not

that sign offended the man who was
burying his 20-year-old boy, did it?

No, that is incorrect.

We were there to send a message.

So, my
client's burying his son

and you want this
jury to believe

that wasn't specifically targeting
Albert Snyder in this case?

No! We were
there to send a message!

The Bible says, there are none so
blind as those who will not see.

We were there to open people's eyes
to the holy word of Almighty God.

Tell me, did you
know Matt Snyder personally?

No.

It didn't matter to you.

No, sir. We were there
to send a message.

No matter how hurtful that was to
Matthew Snyder's father, correct?

That is correct.

No further questions.

You may inquire.

Thank you, Your Honor.
Good morning, Mr. Phelps.

Morning, sir.

Mr. Phelps, could you please
tell the jury where you're from?

I am from Topeka, Kansas. I
have lived in Topeka since 1954.

And I think I know the answer to
this, but do you believe in God?

Of course I do.

Mr. Phelps, do you believe that
the Bible prohibits homosexuality?

I know it does.

And what do you believe is God's
opinion about the United States military

since the US military has been
allowing in gay servicemen and women?

God hates the military ever since it
started allowing homosexuals to enlist.

He will punish all Americans

until the military kicks
all the gays out of it,

and stops letting them in.

Mr. Phelps, what are you
doing to raise awareness

for this issue
that you perceive?

I've been picketing
funerals for over 20 years.

Ever since the military started
letting homosexuals to join.

I have picketed
over 600 funerals.

Mr. Phelps, when you picket
these military funerals,

does it matter to you whether
the serviceman or woman

who was being laid
to rest was even gay?

I don't care about that.

I want people to know what
the military is doing.

So, are you saying that your
protest is against the military

and not the individual,
Matthew Snyder, in this case?

That is correct.

Why do you think it's so important
to let the general public know

about what's going
on in the military?

I need to make people
aware of what is going on,

so that I can save this country.

Do you feel you're saving lives
by doing what you're doing?

-Yes, sir.
-Thank you, Mr. Phelps.

-I have no further questions.
-Witness is excused.

Call your next
witness, Mr. Bakman.

I call Shirley
Phelps-Roper, Your Honor.

Mr. Bakman, you may inquire.

Miss Phelps...

Sir, before we begin, I would
just like it on the record

that I strenuously object to the
hostile, misleading, prejudicial,

and frankly disgusting way
you just badgered my father.

Perhaps, instead of the way
you've repetitively attacked him

with your accusations, you would
do better to heed our warning

about God's wrath.

-Well, you...
-Excuse me.

Miss Phelps, this
is a courtroom.

-I understand, Your Honor, I...
-Uh... Ah!

This is a courtroom. I
control this courtroom.

And what I want you to do is
answer counsel's questions.

You want to make a
speech, go outside.

Clear?

-Clear.
-Perfect.

Mr. Bakman, you may inquire.

Miss Phelps, how
many children do you have?

Eleven.

So, you, your father,
and four of your children

traveled on March 9th
from Kansas to Maryland

in order to picket Matthew
Snyder's funeral, correct?

Correct.

Now, your beliefs are hate beliefs
towards homosexuals, isn't that right?

You characterize us as
hateful and homophobic.

We are simply preaching the word
of God as it says in the Bible.

No, if I were to characterize you, I
would characterize you as offensive.

-Let's talk about your...
-Objection.

-Objection.
-Objection Sustained.

Strike that from the
record. Counsel, careful.

Let's talk about the signs that
you and your children made.

By the way, did your
children help you make signs

that you took from
Kansas to Maryland?

Absolutely, they did.

And those signs had such
colorful language...

We use harsh, plain
language to get attention

so we can spread our
message as far as possible.

Are you proud of those signs?

I am not ashamed of them at all.

Are you proud
of teaching your children

that type of thought?

You either teach your
children the true word of God,

or you raise them by
definition for the devil.

So, you write articles,
do you not, ma'am?

And you title those articles
"epics." Is that right?

Yes. We...

And you wrote an epic
about your picketing activity

in front of Matthew Snyder's
funeral, didn't you?

Yes, I did. Sir...

And what did the epic say?

It explained how we
had done God's work.

And in
preaching God's work,

you selected a particular website
to post your epic, didn't you?

-Yes, sir.
-Why don't you turn to the jury, ma'am,

and tell the jury what the
name of the website is.

It's called Godhatesfags.com.

And I see what you're doing again
with the emotional manipulation here.

I'm sorry, I didn't get that.

I understand the words are
very offensive to most people,

but you have to understand there
is zero ambiguity in the Bible

about what God thinks about homosexuality.
It is a mortal sin against Him.

And I would do and
say whatever I must

to help this nation
understand the peril we're in.

Hell goes on forever. The
consequences are too severe.

Repent or perish, sir.

This goes for everybody.
Repent or perish.

No matter the hurt it causes a father
who just buried his son. Correct?

I am not responsible for Mr. Snyder
watching the news after the funeral.

Well, and you made sure that you talked
to the press that day, didn't you?

The press approached
me to ask me questions.

And you made sure
those signs of yours

were visible when the press
interviewed you, didn't you?

Again, our entire purpose
here is to get our message out

to as many people as possible.

So, what's the answer
to my question?

-Yes, sir.
-Thank you.

And tell me something.

Face the jury and tell them

whether or not you have
any remorse whatsoever...

-Objection.
-...for the type of language you used

in picketing Matthew
Snyder's funeral?

-Objection. That's an improper question...
-Shh!

...to require a witness to face
a jury, or face any particular...

You want to rephrase
the question, sir.

Certainly. Is
there any remorse whatsoever

in any part of your body for
the hurt you've caused my client

after burying his
20-year-old son?

I am not remorseful, or
I would not have done it.

-Any other questions?
-No further questions.

-You may inquire, sir.
-Thank you, Your Honor.

Good afternoon, ma'am.

Good afternoon.

Could you please tell
us what your profession is?

I'm a lawyer.

And as a lawyer,
who do you work for?

Phelps Chartered,
my family's firm.

But I do very little client work
except for the Westboro Baptist Church.

And does part of your work with
the Westboro Baptist Church

involve picketing
military funerals?

Yes, sir. I've done
that for 19 years.

And why do you picket
military funerals?

Because God commands
us to let people know

what the military's doing
so that we can stop it.

See, the US military is angering
God by letting in homosexuals.

And this is very simple.

If the nation obeys the
commandments of God,

then God will bless this nation.

But if the nation disobeys, God
will bring his wrath down upon us.

It is our duty to take to the streets
and cry out loud in the public places,

"Spare not, lift up thy
voice like a trumpet.

Be instant in season and out
of season. Preach thy word."

So, I want to be sure
I understand. You're saying

that because during the occasion
of these military funerals,

you have lots of support, and lots
of support for the servicemen,

you feel that's the time
that you want to step in

and say, "Hey, there's
another side to this."

Absolutely, yes. This country is more
concerned with being politically correct

than they are about
their immortal souls.

Ma'am, what sort of an
audience do you hope to reach

when you go to these
military funerals?

We hope to reach the largest
audience possible to spread our word.

And ironically, we have
never had so large a platform

as the one we've gotten
from Albert Snyder suing us.

The attention we've gotten
from this has let our word

go louder and farther
than ever before.

So, thank you.

Now, during the
picketing that morning

with the other members of
the Westboro Baptist Church,

did either you or any of the other
members of your protest group

ever yell profanities
at any of the mourners?

Absolutely not.

Now, Mr. Bakman asked
you about the signs.

What did you mean by that?

Okay, thank you, let me explain.

So many of our naysayers love to harp on
us for the "Thank God for 9/11" signs.

But that also, you have to understand,
was just on a larger scale.

God's punishment against
this depraved nation

for letting homosexuals into the
military, and all the other sins

that people in this country
commit every single day.

But in the case of American
soldiers in particular,

you have to understand, these
are people who have volunteered

to fight for a country that has
made God their number one enemy,

that has institutionalized disobedience
and rebellion against Our Lord and Savior.

I say, they all deserve death.

We are going to keep being the
victim of God's punishments,

His righteous wrath on this
nation until we change our ways.

So, thank God for dead
soldiers, thank God for 9/11.

Thank God for any disaster that could
possibly change the hearts and minds

of the people before it's too
late. This nation is doomed.

Hell goes on forever. I
cannot say that enough.

You have to see the big picture.

So, what you're saying
is, your protests,

you feel that you're
actually saving lives?

Absolutely!

-Thank you, ma'am.
-Redirect.

-Oh, no.
-Oh, no.

I think we've
heard quite enough.

Yes. Witness is excused.

-Thank you very much. You may be seated.
-Thank you.

-Mr. Bakman?
-Jody Rush, please.

You may inquire.

Are you currently
in the Marine Corps, sir?

-Yes, I am.
-And what is your rank?

-I'm a Private.
-And did you have occasion

to serve with Matthew
Snyder in Iraq?

-Yes, for about...
-Did you know him well?

I did. We were very close.

Tell me about Matthew Snyder.

Did he serve with honesty and
integrity when he was in the Corps?

No question.

And I want to focus
your attention, Private,

on the events of March 10th.

You came back from Iraq
to serve as a pallbearer

for Matthew's
funeral, did you not?

That's correct.

And describe for the jury Albert
Snyder's emotional demeanor

at the time of the funeral.

Distraught.

I mean, he lost his only son.

They were so close. I
mean, it made me jealous.

I wish I had a relationship
with my father like that.

They were so close.
I can only...

imagine how he felt that day.

And tell the jury whether or
not you observed a difference

in his emotional state
when you were with him

when the two of you saw the
Phelps running their mouths,

and the signage that
they were carrying.

He was a shell of himself.

He was broken.

The man was vomiting.

You need a moment?

Thanks.

I think this is an appropriate
place to stop, Your Honor.

No further questions.

Any questions?

There are some
questions here, Your Honor.

Sir, I just want to be
sure I understand this.

You were with Mr. Snyder
the whole day, March 10th,

the day that Matthew
was laid to rest.

-Is that correct?
-I was. Yes.

Now, you were with
him in the car,

in the funeral procession leading
to the church that morning?

Yes. I was riding
with Mr. Snyder.

Now, you didn't see
either Mr. Phelps

or his daughter, Miss
Roper-Phelps, that morning

-on the way to the funeral, did you?
-No, I did not.

After the funeral service at the
church, you then accompanied Mr. Snyder

to the cemetery where
Matthew was laid to rest.

Yes.

On the way to the cemetery,
you didn't see any signs

protesting the military on the
way to the cemetery, did you?

No.

So, if I'm clear
about this, my clients

did not disrupt the funeral services
of Matthew Snyder in any way, did they?

No, they did not.

Thank you, Mr. Rush.

Witness is
excused. Thank you.

Mr. Bakman?

I call my
client, Albert Snyder.

You may inquire.

All right, Albert,
you have brought suit

against Fred Phelps and Shirley
Phelps in this case, is that right?

-Yes.
-For what?

Intentional infliction
of emotional distress.

And that is
over their conduct

at your son's funeral, or
after your son's funeral?

Yes.

And Matthew died in
Iraq, did he not?

Yes.

How old was
Matthew when he died?

He was 20 years old.

And would it be fair to say
that the two of you were close?

Yes, extremely.

We spoke some four to five times
per week prior to his deployment.

How did you find out he died?

Marines came to my
home and notified me

of his death.

And how did you feel
when you were informed?

I became angry,

upset,

and depressed.

Did you have to make
funeral arrangements for your son?

-I did.
-And at the time of the funeral,

Albert, were you made aware
that there were picketers there?

Not at the time, but I saw
the tops of their signs.

Were you able to identify the
picketers later from the news?

Yes. They were from the
Westboro Baptist Church.

Tell me about the signs that
you saw on the news, Albert.

What did you take the words
"God hates fags" to mean?

That my son was gay.

-Was your son gay?
-No, he was not.

You saw this an hour after putting
your son in the ground, didn't you?

Yes, later, after the
funeral, about an hour...

after the funeral,
after I arrived at home.

I saw in full view...

the vulgar and offensive
signs they were carrying.

Albert, did you hear the Defendant
Fred Phelps speak on the news?

Yes. His mouth moved
a mile a minute,

spewing his hatred and
his homophobic remarks.

It was so wrong.

I was grieving over
the loss of my son.

It made me physically ill.

I actually threw up, I
was so sick to my stomach.

I felt...

incredible depression.

My son loved this country.

He fought and died for the
freedoms and rights that we enjoy.

He fought and died for the freedoms and
the rights that the protesters enjoy.

He defended their
right to protest!

They should only say, "Thank
you for your service."

Do you still feel
the emotional effects today

from what you observed
the Phelps do?

Yes, I still suffer every day over
the denigration and defamation

of my son, who...

Who gave his life
for this country...

paying the ultimate price...

unlike that scum, Fred Phelps,
and his family members.

Can you quantify
for the jury, Albert,

the pain and suffering you've endured
at the hands of these two over here?

That's an
impossibility for me.

My son was everything to me.

They destroyed his memory
and the good he represented.

Were you proud of your boy?

Yes, I was indeed.

I
was proud of my boy.

-Anything else, Counselor?
-No, Your Honor.

-You have any questions?
-I do, Your Honor.

Good afternoon, Mr. Snyder.

Good afternoon, sir.

Now, you described for
us on direct examination,

you told the jury, that
raw pain that you felt

when you first heard the news that
your son Matthew had died in Iraq.

Yes.

You described it as angry,
upset, and depressed.

Is that accurate?

That's correct.

Now, when you
went to the ceremony,

you saw signs on the
way to the church,

and on the way from the
church to the ceremony,

showing support for Matthew and what
he had given to our nation, right?

Yes.

But even all of that support,

you were still angry,
upset, and depressed

that entire day. Right?

Yes.

Now, did you see
either of these two,

or any of the members of
the Westboro Baptist Church

on the street that day
during the service?

No.

You didn't see any of 'em
that day until later on,

you turned on the
news. Is that right?

Yes.

So, after reading
those offensive signs,

were you still angry,
upset, and depressed?

Yes, I felt that
way all day long.

So, after reading and
seeing the positive signs

showing support for Matthew, you
were angry, upset, and depressed.

And after seeing the
signs from my clients,

you were still angry,
upset, and depressed. Right?

Yes.

And that was as a
result of having lost your son

in service to our nation.

Yes.

Thank you, sir.

Witness is excused.
Thank you very much, Mr. Snyder.

Any other witnesses, sir?

No, Your Honor. At this
time, the Plaintiff rests.

Mr. Mentzer?

The Defense rests.

Closing arguments, Mr. Bakman?

Thank you, Your Honor.

Ladies and gentlemen, this is
my opportunity to speak to you

and to sum up the evidence, and
really apply the facts to the law

so that you're able to reach
a verdict in this case.

This is a case about intentional
infliction of emotional distress.

The Defense lawyer wants to turn
it into a case about free speech.

Hate is not free speech.

You can't spew, you
can't vomit hatred,

and then claim it's protected
under the First Amendment.

Mr. Mentzer wants you to believe
that his clients' comments

were targeting the US
military as a whole.

They weren't targeting the Snyder
family or his son, Matthew Snyder.

Nothing could be
further from the truth.

It's a smoke screen.

How do you hide
behind the Bible,

and make a sign, and
show it an hour after

you have a parent
burying his son?

Put yourself in his shoes

while you're back in
that deliberation room,

and ask yourself, if
you were in his shoes,

how would you quantify the
amount of money to award

for that kind of intentional
infliction of emotional distress?

And my argument to you, folks,
there's not enough money in the world.

Think about it, and come back
with a reasonable verdict

to compensate Albert Snyder
for the pain and the suffering

he had to endure in
listening to their vile,

offensive vitriol.

Thank you.

-Mr. Mentzer.
-Thank you, Your Honor.

The Defendants, the
Westboro Baptist Church,

were involved in a peaceful and
a lawful protest on March 10th.

They did not disrupt the services,
either when poor Mr. Snyder

was on his way to the church,
or away from the services.

Mr. Snyder did not even know
they were there until later on.

But the key issue here is, where
was their protest directed?

Was it directed at
Mr. Snyder and Matthew,

or was it directed
at the military?

Because in spite of what
Mr. Bakman has told you,

maintain your focus
here on the issue.

Because this is the exact thing
that all of us have a right to do.

And that is to air our views on
issues that have a public concern,

like the military, no matter
how offensive they might be.

Thank you.

Thank you, Mr. Mentzer.

Members of the jury, you have now
heard all of the evidence in this case.

The First Amendment protection
of free speech has limits,

including vulgar, offensive,
and shocking statements.

You must decide whether
the Defendants' actions

would be highly offensive
to a reasonable person.

You must decide whether the acts and
statements were extreme and outrageous.

And whether they were so
offensive and shocking,

as to not be entitled to
First Amendment protection.

Should you decide that the Plaintiff
is entitled to a judgment in his favor,

you shall consider the monetary
amount of those damages.

You may now retire.

Before we get to the
verdict, I want to be clear.

You'll notice the very specific language
the judge, played by me, gave to the jury.

It seems as if the jury was
being asked to decide and define

the words "free speech."

Well, that's actually kind of
unusual for a judge to ask a jury.

Usually, juries are
instructed to find

whether the facts have satisfied
the legal standard of law.

But this judge actually asked
the jury to interpret the law.

Just so that you know, that's
not me freelancing here.

That's what the actual
trial judge told the jury.

Now, let's hear the verdict.

Kevin, the jury has returned. May
I have the verdict sheet, please?

The jury has decided as follows:

The jury has decided that the Defendants
have inflicted on the Plaintiff

extreme emotional distress.

The jury awards the
Plaintiff $10,900,000.

$2.9 million in
compensatory damages,

$6 million, punitive damages,

and $2 million for
emotional distress.

I thank the jury for their deliberation
and consideration and for their service.

This court is adjourned.

The Westboro Baptist Church kept
on protesting military funerals,

and appealed Snyder's
$10.9 million verdict.

Two years later, the
judgment was overturned.

And the appeals court adopted a
new definition of vicious speech.

The court ruled that
speech in a public place,

on a matter of public concern,

should be protected speech
under the First Amendment.

This caused a huge
public outroar.

And the case went all the way to the
Supreme Court of the United States.

Counsel, note your appearance.

Good morning, Judges.
For the Appellant,

the Westboro Baptist
Church, I'm Dan Mentzer.

Good morning, Your
Honors, Larry Bakman

on behalf of the
Respondent, Albert Snyder.

Mr. Mentzer, your
opening statement.

Thank you, Your Honor.
The protest by my client

of the funeral of Matthew Snyder
was, to most of us, offensive.

But you don't get
to decide that.

You don't have to decide
that to decide this case.

The controlling issue here
is for Your Honors to decide

whether or not the protest
itself was aimed at the public,

the military, or a private citizen,
Matthew Snyder, and his father, Albert.

And you don't have to look
very deep to figure out

where this protest was aimed.

This protest, like every other protest
my clients have been involved in

in the last 20 years, is
aimed at the military.

That's why I urge this
court to make a ruling here

consistent with your
rulings in the past,

that speech involving
matters of a public concern

is protected, it's allowed.
And yes, it comes at a cost.

It comes at a cost that
a guy like Albert Snyder,

who gave so much
for this country,

who now has to go to his
funeral and perhaps hear people

sharing their ignorant,
homophobic views.

But yes, the First
Amendment is that important

to allow that type of speech.

And that's why it's important that
this court reverse that jury verdict,

and give us our
free speech back.

Thank you.

Mr. Bakman, do you wish
to give a statement?

-I do, Your Honor.
-Please.

To reverse the jury verdict
in this case at this time

would be an
abomination of justice.

Westboro's conduct,
their signage,

their speech in this case,

was directly targeted to
Matt Snyder and his family.

That is the only interpretation
this court can draw

from signage that said,
"Thank God for dead soldiers,"

a thousand feet outside my
client's funeral for his son.

How this court could find
that that type of signage

is directed to the public at large
as opposed to private citizens

would be beyond belief.

This is hate speech.

Hate speech is not entitled
to First Amendment protection.

And for this court
to rule otherwise

would constitute a
grave, grave injustice.

I urge this court to uphold
the jury verdict in this case

and rule in favor of the
Respondent, Albert Snyder.

Thank you.

Thank you, Mr. Bakman.

We will now retire
to deliberate.

We have reached
a unanimous verdict.

The First Amendment does not apply
only to our friends and speech we like.

It protects speech that is
sometimes vile and abhorrent,

and that represents some of the
worst tendencies in society.

That their goal in life is to
show up and protest the funerals

of those who have given their
lives in defense of this country

does indeed shock
the conscience.

Respondent's son, Matthew
Snyder, fought and gave his life

so that these bigots have
the right to protest.

We don't give short
shrift to the pain

that hate caused
Respondent and his family.

We honor Matthew's sacrifice,
and our role as a court

is to uphold the legal principles
for which he fought and died.

The situation is ironic, but
his sacrifice was heroic.

As repugnant as Appellant's
speech may have been,

it undoubtedly involved
matters of public concern

and is thus entitled to heightened
First Amendment protection.

Our ruling should
not be construed

as a tacit endorsement
of Appellant's speech.

It is because Matthew's
sacrifice was so noble

that we must look beyond that.

This decision honors the work of those
who have fought and died for this country,

even if it shields from liability
those hateful souls who attack them.

The First Amendment does not just protect
the good, the right, and the just.

Sometimes, the First Amendment
protects the fool and the bigot.

So it does here.

Our Constitution is bigger than the
hatreds of those who would burn it.

We must honor it.

Therefore, we must
reverse the jury's verdict

and dismiss Respondent's
claim against Appellants.

Balancing the right of Americans
to freely voice their opinion

is not without limitation.

I have no doubt that the courts
will forever act as an umpire

as to what does and what does not
qualify as protected free speech.

Those changes will always come about
through court cases just like this.