In
Trombetta v Kruse, (NY Civ. Ct., Nov. 19, 2019), a New York state trial court held that a proselytizing pamphlet and a subsequent e-mail did not amount to intentional infliction of emotional distress, nor was any injury proven. According to the court:
The pamphlet ... shows a cartoon depiction of a catholic who is sent into the "lake of fire" to "burn in hell" for practicing as a catholic, instead of following the version of Christianity promoted by the pamphlet which is evangelical Baptist. The tract urges the reader to reject Catholicism, or be barred from heaven....
... [D]efendant wrote plaintiff an email that included the following statements: ... My family does not believe and, if any of them were to die tomorrow, they would not go to heaven but to hell. I sent them tracts because I do not want them to go to hell. I want them to go to heaven. It is what I want for you too.
The court held in part:
The First Amendment to the United States Constitution prohibits the courts of this State from evaluating the religious beliefs of a church or individual....
While the court understands why the plaintiff found the tract and email disturbing, the court does not find that the conduct rose to the level of intentional infliction of emotional distress.
[Thanks to Volokh Conspiracy for the lead.]
