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Most states allow for civil action for the tort of intentional infliction of emotional distress. The problem you have is a strong defense based on the 1st amendment. All speech is not protected. Prior restraint is frowned upon, however after-the-fact speech is actionable by way of tort remedies. The damages would have to be quantified by way of outrageous conduct with a Dr. based evaluation of the complainant, sleep, nightmares, emotional change for the worse. The Phelps could be bled dry with lawsuits considering their outrageous conduct at the funerals. It is very doubtful they would go down easy and would frivolously counter-sue would be my guess. Someone with deep pockets and a moral penchant for good vs evil would have to go up against this perversion of humanity.The Phelps have become somewhat judgment proof in that Phelps has judgments that have never been satisfied, i.e. no attachable bank accounts. A debtor's exam in a District Court would subject an individual to potential penalties of perjury or civil contempt if they didn't disclose truthfully their assets I think that Phelps' behavior has had a much better reaction of a galvanizing force, bikers, marines etc.