High court to hear military funeral protest case

[onehandle]

Source: AP

WASHINGTON – The father of a Marine killed in Iraq is asking the Supreme Court to reinstate a $5 million verdict against members of a fundamentalist church who picketed his son's funeral with signs like "Thank God for Dead Soldiers" and "God Hates the USA."

The court is hearing arguments Wednesday in the dispute between Albert Snyder of York, Pa., and members of the Westboro Baptist Church of Topeka, Kan. The case pits Snyder's right to grieve privately against the church members' right to say what they want, no matter how offensive.

Westboro members, led by the Rev. Fred Phelps, have picketed many military funerals to make their point that U.S. deaths in Afghanistan and Iraq are punishment for Americans' immorality, including tolerance of homosexuality and abortion.

They welcome the attention the protests have brought, mocking their critics and vowing not to change their ways whatever the outcome at the Supreme Court.

Read more: http://news.yahoo.com/s/ap/us_supreme_court_funeral_protests

[lobodons]

1. Phelps should be protesting SCOTUS

The Roberts Court is a f'ing disgrace to mankind.

[Name removed]

2. Deleted message

Message removed by moderator. Click here to review the message board rules.

[RSillsbee]

3. Freedom of speech is fine but by God you don't do it in mass publicly

Now where have I heard that before? http://www.youtube.com/watch?v=Y3CTBrGL5rA

[hakko936]

5. Freedom of speech also has consequences....

....if people don't like what you said. In the case of the Dixie Chicks, people responded with their wallets. The right to free speech was protected for the Dixie Chicks. The right to free speech is protected, record sales aren't. (Edit: The death threats aren't protected and shouldn't be so don't read that into my comment)

[RSillsbee]

7. Welcome to DU

And that went right over your head

[hakko936]

8. Glad to be here, and......

...I knew exactly what the post referred to. I disagree with the violent backlash and threats that the Dixie Chicks were subjected to and don't think that is protected. The loss of their career because of what they said is a reaction that they risked when they used their platform as entertainers to talk politics. I have no problem with that.

[Schibulsky]

9. WTF?

In all other "civilized nations" I know, the freedom of speech is restricted by other basic rights.
So you cannot exercise your right of free speech if you violate any other laws like promoting violence or hate, or insulting the dignity of a person.
But looks like that would be too subtle for the average Hillybilly!

So keep your unlimited freedom of speech and enjoy all the outcome....
If you think that was intended by the fathers of your constitution!

[RSillsbee]

13. The first amendment isn't in place to protect popular speech

Popular speech doesn't need protection.

[hakko936]

4. As much as their actions disgust me.....

....I believe in the right to free speech. This group is doing something horrid with their protests, but just because I disagree with their speech doesn't mean it isn't protected by the Constitution.

[Evasporque]

11. But that right may not include infringing upon the rights of others...

Who are executing a completely unrelated activity.

I can see if Phelps is protesting a Marriage Equity rally...what does a funeral have to do with their right to express their hate of gay people?

the activity of Phelps protesting a funeral is non-sequitor and has really nothing to do with the funeral.

I feel even the conservative SCOTUS will find a way to rule against Phelps...and in favor of privacy and solemnity of events like funerals.

[RZM]

12. I imagine it's an issue of physical distance from the service

Obviously you don't have right to get up in their faces during a private ceremony, but if you're x amount of yards away, I guess that would have to be construed as protected speech.

[X_Digger]

15. *nod* 'time, place, and manner' restrictions (if content neutral)..

.. have passed constitutional muster.

eg, you can't protest your local mayor with a bull horn at o'dark-thirty while the neighborhood is sleeping.

[hakko936]

14. from the stories i have heard/read......

....the protests are along the route of the funeral procession or outside of the cemetery. Unless they are on private property or actively threatening violence, I just don't see how it is not protected. It is blatantly disgusting, but protected.

The thing that amazes me is the restraint the families of the fallen soldiers have shown. I am just not sure I could maintain any level of civilized behavior is subjected to that protest at the funeral of a loved one or close friend. I would probably end up in jail.

[lobodons]

6. All speech not protected

Too bad violence hasn't broken out at these funerals. This might be seen as fire in theater type speech. And heck, Phelps may have been taken out in the meantime via 2nd amendment remedies. Wouldn't that be ironic.

[X_Digger]

16. Heckler's Veto.. not gonna fly.

The government can't step in and stop a speech because the subject matter may cause a violent reaction in the listeners. It can only stop speech that is libel, slander, incitement to violence, etc. To do so would be allowing the 'Heckler' to 'veto' the content of speech.

[Evasporque]

10. Phelps has a 6 million dollar judgment against his church.

If SCOTUS protects privacy during a funeral over free hate speech then Phelps and his fucked up church is finished.

I feel if the court sides with privacy then the ruling will be very narrow and will only come into play during funerals...and other intensely personal common life rituals. (Marriage, funerals...etc)

If Phelps wins then the doors are wide open for the religious right to pick any event to protest.

the birth of a child, a birthday party, a wedding...anything...

Personally I hope Phelps sows the evil he has reaped and spends the rest of his life paying the 6 millions dollars.