Thursday, October 7, 2010
Article on Snyder v. Phelps
In Snyder v. Phelps, the United States Supreme Court will decide to what extent state tort law may impose liability for “intentional infliction of emotional distress through outrageous conduct” without running afoul of the First Amendment’s guarantee of freedom of speech. Ben Zipursky (Fordham) has a forthcoming article on the case in which he puts forward the reasons for rejecting the outrageousness argument. You can download a copy of Zipursky's paper here. Thanks to TortsProf blog for the link.