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Constitutional Law

Mar. 22, 2011

Give States Bigger Voice on First Amendment Issues

The U.S. Supreme Court should give greater power to the states to decide First Amendment issues. By Kris Whitten of the state attorney general's office.

Kris Whitten

Retired California deputy attorney general

"Marine Lance Corporal Matthew Snyder was killed in Iraq in the line of duty. [His] father selected the Catholic church in [their] hometown...as the site for his son's funeral. Local newspapers provided notice of the time and location of the service." Snyder v. Phelps, 2011 DJDAR 3307. In that decision, the U.S. Supreme Court decided that the Constitution's First Amendment mandated that a religious group be allowed to turn the funeral into a tumultuous media event and revile Snyde...

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