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As you may know the fact is trying to help the Snyder family and it's legal action against -- -- Baptist Church.
Last march these hateful fanatics shouted vile things at the funeral a marine lance corporal Matthew Snyder.
Who was killed in Iraq -- he was just twenty years old -- family sued and won multi million dollar judgment against west -- which was then overturned on appeal.
Case is now going to the Supreme Court.
Last Thursday we debated the issue would Megyn Kelly said that the appeals court in Virginia was correct in this ruling but Ann Coulter also an attorney.
Disagrees joins us now from Los Angeles art.
To -- Megan basically said look.
The statute in Merrill and of intentional infliction of emotional abuse.
Is -- high statute court ruled it didn't get there and precedent is that in appealed the legal the loser pays the court costs and that's why they impose that on the Snyder family.
I disagree on both counts I think did -- I know they had discretion and judgment on anything they want on court costs.
And I I do believe -- if that's not intentional emotional distress nothingness doesn't exist right so isn't -- -- they give me your point of view.
Right well it's not just make it a lot of lawyers are saying this and I I think they're wrong.
I think you are common sense view of things is exactly what the law is law is not an -- as Charles Dickens at.
On the -- of intentional infliction of emotional stress -- not some new.
Newfangled you know invention of the -- this -- a -- that's been around for hundreds of viewers we got from England it was called the tort of outraged.
-- elements of intentional infliction of emotional distress are under the law the following an intent to inflict emotional distress.
That's -- it's not like a -- perpetuity is it's not like.
You know the privileges or immunities clause of the berries and and it is determined by the Trier of fact -- -- -- was described as in in England was.
A course of conduct or speech that would lead a reasonable -- -- to say that's outrage it's.
There's no specific time -- or speech that is prohibited or permitted.
Because as a New York -- -- the the capacity for human cruelty is -- so when is determined by the Trier of fact.
The fourth circuit opinion is completely insane exalt talks about his defamation law well.
Snyder got the defamation claim thrown out by the judge.
For the jury you convert I have no idea what did you -- is an intentional infliction right here's what -- -- me on these three Panetta judges two of whom.
Were appointed by George W.
Bush -- today and I just -- -- -- that they said in an in the opinion while reasonable people can debate.
Of the -- borrow protests.
Reasonable people can debate.
These losers saying god killed Matthew Snyder.
Because the USA doesn't persecute gays Wright really is no -- people tend to baby -- What kind of -- -- what kind drugs whites that.
That -- you know -- That these people -- asking for an excuse these judges were looking for an excuse to throw out no reasonable well and good debate that.
Let -- I would like I -- like to -- that.
Meet that reasonable man -- got tipped me off that there dumbest law -- wrote the opinion that was in the car -- -- that particular statement.
What does Supreme Court is deciding.
In this case because this is a -- has been around and by the way I've been -- -- through the cases of intentional infliction of emotional distress I've not seen a claim as good as this one.
This is -- it may -- The funeral for his son they specifically.
Travel to this funeral they -- vinyl signs up outside that is an -- it is foreseeable.
They did inflict emotional effect it doesn't matter that he -- on the TV you later.
On the emotional distress as mayor it's not like they put this in some -- magazine it's not like they were saying it on the morning -- program.
They were outside the funeral and I would remind you -- that the Supreme Court has upheld restrictions on speech outside.
And clinics -- say.
-- an abortion as a more sacred act for the mayhem burying his -- now that forsake god can.
Very powerful argument you're making very powerful argument.
It is Supreme Court gonna respond to that.
I hope so what the Supreme Court have to decide in this case it is.
-- the First Amendment co exist with a tour of intentional infliction of emotional stress.
It that are hundreds of years and much less.
Egregious cases much less clear cases of malicious conduct toward a private individual but in this case.
I can give you a lot of intentional infliction of emotional speculative than I did he wouldn't even consider.
You had to look BK is going to be.
Case is gonna be put before the court in -- -- If you had to predict.
Court can overturn the fourth and reinstate the five million dollars judgment to the Snyder's.
After the Supreme Court found in the Texas case that's states could make sodomy criminal and then and a Colorado case that they couldn't.
Refuse to give affirmative action benefits to people who have sodomy.
I refused to protect what the Supreme Court will do on anything but as a general matter if there's a good lawyer arguing that raising the right cases the case law is they are -- case -- totally supports your possession time I appreciate him obviously -- -- case in the -- -- gonna.
Pick up their court because if that comes to be at the Supreme Court overturns an and we pay it -- -- -- and thanks very much.
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