Setting aside the examples I offered for a moment, it appears on review that this case is not a first amendment issue at all. No one tried to stop Phelps from exercising his rights to speech, and as others have pointed out there was no action at all by any government at any level. Rather, we have one individual suing another for damage based on invasion of privacy and intentional infliction of emotional distress.
Based on the fact that that Phelps not only sought out the family from a 1,000 miles away but also specifically named the deceased soldier in a poem that was published online, titled “The Burden of Marine Lance Cpl. Matthew A. Snyder,” in which Phelps wrote that his parents, “raised him for the devil” I would say this fits the bill. Snyder’s father suffered not only mental anguish but physical damage as well, having vomited upon reading the garage Phelps wrote. This is stalking, harassment, and abuse, pure and simple. The review court misapplied the first amendment, IMHO.
It is and it isn't, and I'll certainly be interested in seeing what the supremes rule on it. Certainly the Phelps's have always skirted the edges on a number of issues, and we'll see if the supremes opine whether or not they crossed the line.
In any case, I can almostly certainly guarantee that any ruling against the WBC will set a precedent that will be used against the right by Holder before Obama's first term is over.