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What role for emotion in Snyder v. Phelps?

By Alliance Alert

Lyle Denniston writing at SCOTUSblog: "When the Supreme Court meets in private Friday to discuss Snyder v. Phelps, a profound question will hang over the discussion: Should we ? and can we ? set aside our emotional reaction? If the answer, implicit or otherwise, is no, the Justices may then proceed to craft a way to write into the First Amendment a 'funeral exception' to the right to speak out in public in outrageous and hurtful ways. It was apparent, throughout an hour of oral argument Wednesday, that emotion was more dominant than law, at least among most of the Justices."

Full post as published by Constitutionally Correct on October 07, 2010 (boomark / email).