“On the Streets of Doomed America” : Snyder v. Phelps Through a Millian Lens

Abstract

Although many Americans may be opposed to the Supreme Court’s ruling in Snyder v. Phelps, the Court protected traditional application of the freedom of speech by finding in favor of the Westboro Baptist Church. Specifically, the Supreme Court’s analysis of public vs. private speech issues in Snyder v. Phelps conforms to John Stuart Mill’s analysis of speech regulation in “On Liberty,” indicating that current freedom of speech jurisprudence continues to reflect Mill’s analysis and traditional ideas of this essential freedom.