In an 8–1 decision (with the judges ruling the same way as they did in United States v. Stevens in 2010),[27] the Supreme Court ruled in favor of Phelps, upholding the Fourth Circuit's decision. Chief Justice John Roberts (as in the Stevens case) wrote the majority opinion stating "What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment and that protection cannot be overcome by a jury finding that the picketing was outrageous."[28]
The court's opinion also stated that the memorial service was not disturbed, saying, "Westboro stayed well away from the memorial service, Snyder could see no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself."[29] The decision also declined to expand the "captive audience doctrine", saying that Snyder was not in a state where he was coerced to hear the negative speech.[30]
Justice Stephen Breyer wrote a concurring opinion, emphasizing his view that the decision related only to picketing, and did not take into consideration Westboro Baptist Church's on-line publications that attacked the Snyder family.[31]
Justice Samuel Alito was the lone dissenting justice in this case, beginning his dissent with, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case."[28] He concluded, "In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner."[30]