Problem: In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals were unconstitutional because the funerals were military, but they would have been constitutional at civilian funerals. would need specific prior approval by a federal judge. were a constitutionally protected form of free speech. O could not be considered constitutionally protected freedom of assembly. O were a state matter and must be decided on a case-by-case basis in state courts.