The judge’s October 2006 Memorandum Opinion denying the Phelps’s dismissal motion is very interesting. He lays out the full case and the grounds for its being filed by the Snyder family. Suggest everyone read it.
http://www.mdd.uscourts.gov/Opinions152/Opinions/Snyder1030.pdf
It’s still a ‘CIVIL SUIT’.
So what’s your point?
Thank you very much for the link. Pages 16-18 were particularly revealing. Essentially, they had to prove
1) Defamatory statements were made to a third party.
2) The statements were false.
3) The defendant was at fault for the statements.
4) The plaintiff suffered harm.
Perhaps Fred Phelps and his gaggle of lawyers aren’t as good as I originally thought, because they essentially tried to hide from being served. I’m sure that won them a lot of points with the judge.
It appears they really messed up when they posted specific statements about the plaintiff on the church’s web site. General statements about soldiers being baby killers would be much easier to defend I think.
After reading the judge’s Memorandum Opinion, maybe this will hold up on appeal. Oh, it appears they won not only against the church itself but anyone related to the church. That would give them the authority to collect from sources funding the church, right?