I have heard radio news on this case and now the Fox panel on this hearing today and no one seems to be able to talk about what this case is about. It has nothing to do with the first ammendment or free speech. Congress nor any arm of government is seeking to stop anyone from saying anything.
This is a case about tort law. The question is does the speech in question constitute a tort. The jury found that the family was injured by the speech. But of course there can only be an injury and liability if the speech constituted a tort. Certainly as we know speech can be a tort ala slander.
It will be interesting to see how the court holds and who votes what way. I would not be surprised to see 7+ votes either way.
I also heard a couple of reports on the radio, and reportedly at least one justice had an issue with the fact that the plaintiffs may not have heard “the words” until after the funeral was over.
It will be an interesting decision.