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The First Amendment and Flash Mobs: Where is the Line?

Snyder v. Phelps, 131 S. Ct. 1207 (2011)

The Supreme Court of the United States, in 2011, was asked to decide if the signs and words of protesters picketing Matthew Snyder's funeral were related to matters of public concern and, therefore, should be entitled to greater First Amendment protection.

In a fictional scenario, the Our Fair Share movement takes to the streets to protest student loans and the lack of jobs for college graduates.  An observer of the protests states her opinions in a way that raises the same question that the Supreme Court had to decide.  Looking to the precedent set in Snyder v. Phelps, how would you argue – and decide – the fictional case?