Justice Breyer's Case Analysis

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Justice Breyer, while agreeing with the decision, filed a concurring opinion to voice his concerns of the majority opinion’s failure to include certain details. Breyer believes that in this specific case the ruling was correct, however, he asserts that this case is on the border of acceptability. Breyer communicates that,

Breyer understood and concurred with the Court’s opinion, however, he stated that we must ensure that the State’s ability to provide protection to private citizens remains intact. The communication of their beliefs occurred on public land, in coordination with law enforcement, and could not be heard or seen from the funeral itself. Consequently, it is Breyer’s opinion that Westboro Baptist Church was protected by the 1st

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