Westboro Baptist's Funeral Protests Put Free Speech to Test-SCOTUS Wednesday

[babylonsister]

Westboro Baptist's Funeral Protests Put Free Speech to Test

Saturday 02 October 2010

by: Michael Doyle


WASHINGTON — The most vexing free speech fight in years confronts the Supreme Court on Wednesday, pitting a loud-mouthed, anti-gay Kansas church against a grieving Pennsylvania father.

The father, Albert Snyder, has already won the popular vote hands-down. Forty-eight states support him. So do 42 senators and all the major veterans' organizations.

The constitutional tally, though, isn't nearly so simple.

"The government may not curtail speech simply because the speaker's message may be offensive to his audience," University of Missouri Law School Professor Christina Wells noted in a legal filing.

In Snyder v. Phelps, justices will decide whether to protect speech that Wells characterized as "provocative, offensive and disrespectful." Wells acknowledged it might even be considered "contemptible."

For all the pain they may have caused, however the public rants against homosexuality by the Westboro Baptist Church of Topeka, Kan., might just be found to be protected by the First Amendment.

"This is obviously an emotion-laden case," said Steven R. Shapiro, legal director of the American Civil Liberties Union, but "the First Amendment was designed to protect unpopular speech against (the majority's) distaste. At the end of the day I think that's where the Supreme Court ends up."

more...

http://www.truth-out.org/westboro-baptists-funeral-protests-put-free-speech-test63810

[pipoman]

1. It will be found to be protected, as it should..

The only speech which should not be protected is speech which would result in a reasonable person reacting in a manner dangerous to themselves or others as a result of hearing said speech. This is not that type of speech..dreadful as it is.

[WinkyDink]

2. How about "disturbing the peace"? Can anyone go on any corner and yell and chant and hurl invective?

[RKP5637]

3. Very good point IMO... How loud can free speech be and at what point does it

infringe upon the rights of others to a peaceful assembly. And at what stage does it become outright harassment...

[Gman]

4. Can the court find a greater right to grieve in peace and have privacy?

Too early and not enough coffee right now to think it through.