Michael MacFarlane
Unwitting troll accomplice
Posts: 8,272
Harassment can mean a few different things in a legal context, but none of them are really applicable here. The claim that's closest to what you're thinking of (and the most important of the claims Snyder filed against Phelps) is intentional infliction of emotional distress. It's established when 1) there's outrageous conduct 2) that causes extreme emotional distress and 3) the person responsible for the conduct intends to cause that distress or knows it's likely that his conduct will cause that distress.
It'd be a perfect fit, except that it's almost certainly unconstitutional when applied to protected speech, and Phelps' speech is protected because, as ridiculous and offensive as it is, it's still political speech about a matter of public concern. The last thing we need is to have juries deciding whether political speech is "outrageous" and awarding huge damages ($5 million initially in this case) based on those determinations.
Snyder also sued for invasion of privacy. That doesn't work at all because he was totally unaware of the protesters' presence until he saw video of the protests on the news later that day.
As an aside, this case is a pretty good introduction to what's wrong with a generalized "loser pays" provision. Such provisions are supposed to discourage frivolous lawsuits, but there's already ample disincentive to file a frivolous lawsuit: litigation is expensive, and you're going to lose. Instead these provisions end up catching plaintiffs like Snyder. Snyder's going to lose, but 1) he won at trial, and 2) there was enough uncertainty over his claim that the Supreme Court is taking it up. So, um, way to go tort reform.
If you think the waiters are rude, you should see the manager.