Supreme Court: Free Speech Wins, Decency Loses

Profound sadness was the overriding emotion as I read about the U.S. Supreme Court’s near unanimous decision today re: the Westboro Baptist Church. All but one of the justices upheld the First Amendment Rights of this hateful group of thugs and cowards who protest near military funerals.

Using the “I hate what you say, but I’ll defend to the death your right to say it” angle, the high court ruled that even hurtful speech is protected by the Constitution. While on that point I may agree, I will also draw the distinction that a funeral (military or otherwise) is a painful enough occasion and a unique societal event that creates an exception to the rule.

The Supreme Court should be ashamed of itself.

A Topeka, Kansas-based “Christian” church has made a habit of showing up at the military funerals of fallen soldiers—with signs that celebrate the death and make a connection between war casualties and the military’s acceptance of gays. With signs that say “God Hates Fags”, these individuals terrorize a grief-stricken family at their lowest moment.

There is legal and illegal, right and wrong—and this is just plain WRONG. Here is a short newscast clip of a protest:



http://www.youtube.com/watch?v=6UMP3AK5jwo


The case is question concerned the picketing at the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq. I don’t believe Snyder was gay—and in the eyes of this church, it doesn’t matter. Their protest against gays in the military cuts across the spectrum—and ALL deaths are “God’s revenge” for the military’s tolerance.

We all know that freedom of speech is not without limits. The commonly used example of shouting “Fire!” in a crowded theatre is not protected, as the incidence of danger and injury to everyone inside overrides the right to utter whatever you choose—at whatever time you choose to.

For instance, how long would my “free speech” rights be upheld if I spoke out about this decision during the Supreme Court proceedings? I would be quickly ushered out the door. Even silently holding a sign would not be tolerated.

I contend that funerals fall into this special class of protected instances.

We need more Justices like Samuel Alito, Jr., the lone dissenter. In his opinion, he wrote: “Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case”.

Well said.

The family of Corporal Snyder was awarded more than $10 Million by a Baltimore jury who agreed that the church had violated the family’s privacy, caused emotional distress and violated his rights to exercise his religion and peaceful assembly.

The original award was cut in half by a judge and then overturned by the U.S. Court of Appeals.

The Westboro Baptist Church has triumphantly declared they will now plan on picketing more military funerals---and this may cause future violence that will make screaming “fire” and its aftermath look tame.

I get it.

It’s not illegal, even though I suspect those who hate this church and all it stands for (most of America, I suspect)—will ALSO decide to show up—and the outcome could be bloody.

If ever there were a Constitutional Amendment that Democrats and Republicans would agree on, I suspect it would be one that makes this “type” of free speech illegal.

“There oughta be a law!”

We can push our representatives to pass one if we choose.


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