"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," Alito wrote, adding that giving a family "a few hours of peace without harassment" would not undermine public debate.
Yet the court majority made plain that states may regulate funeral protests in some situations. Roberts observed that since the 2006 Snyder funeral, the Maryland Legislature has enacted a law prohibiting picketing within 100 feet of a funeral. Roberts also noted that Westboro's picketing would have complied with that restriction.
The chief justice said demonstrations may be regulated as long as laws are neutral — that is, not aimed at any particular views — and narrowly crafted.
In recent years, Congress and 46 states have enacted laws to minimize picketing near cemeteries during a funeral, according to a brief filed at the court by Senate Majority Leader Harry Reid, D-Nev., Senate Minority Leader Mitch McConnell, R-Ky., and 40 other senators who sided with Snyder. They said state personal-injury laws, like the Maryland one Snyder invoked to sue Phelps, supplement government picketing restrictions.
On Wednesday, Reid expressed disappointment with the decision and said in a statement, "Emboldened by this unfortunate ruling, the Phelps family has pledged to redouble its efforts to harass military families during their darkest hour. I call on faith leaders from all communities to stand with me to denounce hate speech, including the kind used by these protesters."
As Margie Phelps, who represented her father and the other congregants in court, vowed to step up protests and challenges to government regulations on picketing, some local officials said they might try to strengthen "buffer zone" laws.