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March 2, 2011 in Nation/World
1st Amendment protects military funeral protesters
WASHINGTON — The Supreme Court ruled today that the First Amendment protects fundamentalist church members who mount anti-gay protests outside military funerals, despite the pain they cause grieving families.
The court voted 8-1 in favor of the Westboro Baptist Church of Topeka, Kan. The decision upheld an appeals court ruling that threw out a $5 million judgment to the father of a dead Marine who sued church members after they picketed his son’s funeral.
Chief Justice John Roberts wrote the opinion for the court. Justice Samuel Alito dissented.
Roberts said free speech rights in the First Amendment shield the funeral protesters, noting that they obeyed police directions and were 1,000 feet from the church.
“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker,” Roberts said. “As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”
Alito strongly disagreed. “Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case,” he said.
Matthew Snyder died in Iraq in 2006 and his body was returned to the United States for burial. Members of the Westboro Baptist Church, who have picketed military funerals for several years, decided to protest outside the Westminster, Md., church where his funeral was to be held.
The Rev. Fred Phelps and his family members who make up most of the Westboro Baptist Church have picketed many military funerals in their quest to draw attention to their incendiary view that U.S. deaths in Afghanistan and Iraq are God’s punishment for the nation’s tolerance of homosexuality.
They showed up with their usual signs, including “Thank God for dead soldiers,” “You’re Going to Hell,” “God Hates the USA/Thank God for 9/11,” and one that combined the U.S. Marine Corps motto, Semper Fi, with a slur against gay men.
The church members drew counter-demonstrators, as well as media coverage and a heavy police presence to maintain order. The result was a spectacle that led to altering the route of the funeral procession.
Several weeks later, Albert Snyder was surfing the Internet for tributes to his son from other soldiers and strangers when he came upon a poem on the church’s website that attacked Matthew’s parents for the way they brought up their son.
Soon after, Snyder filed a lawsuit accusing the Phelpses of intentionally inflicting emotional distress. He won $11 million at trial, later reduced by a judge to $5 million.
The federal appeals court in Richmond, Va., threw out the verdict and said the Constitution shielded the church members from liability.
Forty-eight states, 42 U.S. senators and veterans groups sided with Snyder, asking the court to shield funerals from the Phelps family’s “psychological terrorism.”
While distancing themselves from the church’s message, media organizations, including The Associated Press, urged the court to side with the Phelps family because of concerns that a victory for Snyder could erode speech rights.
Roberts described the court’s holding as narrow, and in a separate opinion, Justice Stephen Breyer suggested in other circumstances, governments would not be “powerless to provide private individuals with necessary protection.”
But in this case, Breyer said, it would be wrong to “punish Westboro for seeking to communicate its views on matters of public concern.”
Margie Phelps, a daughter of the minister and a lawyer who argued the case at the Supreme Court, said she expected the outcome. “The only surprise is that Justice Alito did not feel compelled to follow his oath,” Phelps said. “We read the law. We follow the law. The only way for a different ruling is to shred the First Amendment.”
She also offered her church’s view of the decision. “I think it’s pretty self-explanatory, but here’s the core point: The wrath of God is pouring onto this land. Rather than trying to shut us up, use your platforms to tell this nation to mourn for your sins.”
© Copyright 2011 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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hawken on March 02 at 9:36 a.m.
While this “cult” is made up of the deranged, our free speech rights should never be put in jeopardy by such morons.
Orange on March 02 at 10:48 a.m.
Yes, unfortunately this place isn’t very well led. To do this at military funerals is beyond words.
I’m sure the good reverened will have his personal counselling session and then and only then realize that God doesn’t hate.
We can all meet up in Topeka Kansas and protest their city for sending this guy around the country. What do you say, get a facebook page going and organize an end to this groups activities.
Dazzeetrader11 on March 02 at 11:08 a.m.
This group isn’t the first to abuse the 1st amaendment. Free Speech is a right ( in this country) but it’s also a gift. This group will die off due to its own weight.
DickAdams on March 02 at 11:11 a.m.
Your correct, Daisy.
maria on March 02 at 11:54 a.m.
Fred Phelps is gay…not that there’s anything wrong with that.
MrNatural on March 02 at 11:56 a.m.
Wow!…I totally agree with all of you…at the same time…Praise the Lord!
It is unconscionable to protest at a funeral…
greenlibertarian on March 02 at 12:38 p.m.
The Phelps are not going away. They are extremely shrewd at having (provoking) their rights violated and winning lawsuits that fund their operations and pay their salaries. Basically, they’re grifters who traffic in heinous, hate-filled, but legal free speech.
If there is a hell, they will all be burning in it, come Judgment Day.
I am sorry for the pain they put Mr. Snyder and his family through.
Ninch on March 02 at 12:41 p.m.
Counter protests kept the Phelps away from a military funeral in Spokane Region/Post Falls (?) not long ago…And it is now super appropriate and a definitive right that someone can use their free speech rights to protest the Phelps and their Westboro Baptist Church.
Ninch on March 02 at 12:43 p.m.
I don’t think the city of Topeka, KS is behind the Phelps’ bad behavior.
jddavis on March 02 at 12:43 p.m.
Ironic they use their “right” in such a vulgar way at funerals of those who gave everything for that “right.” The SC decision is the correct one.
Charlie on March 02 at 1:14 p.m.
The Phelps gang will be judged wanting, wanting to get into heaven but the gate will be closed. It may take awhile, but Fred & Co. will reap what they sow!
Pat O'Leary on March 02 at 3:14 p.m.
In my opinion, their words are no different than yelling “fire” in a crowded theater. Apparently the Supremes disagree. However, someday their words may enflame someone to make retaliatory action to silence them….and they will have no one to blame but themselves. I wouldn’t encourage violence against them but I sure wouldn’t be surprised if it happened.
SpokaneLiberal on March 02 at 3:21 p.m.
Idiocy reveals itself and boy have they revealed themselves. Silencing crazy people only gives it more legitimacy. These people are disgusting but generally I also think their hate speech has a positive effect on a community by pulling it together in opposition to their hate.
I mean how often can you get Biker gangs, hippies, veterans, college students, and church folk to all band together and heap on the families their love and support? In opposition to these people you get some amazing feats of love and humanity. Ironically their viscous inhumanity brings out the best in others.
mpwuzhere on March 02 at 3:27 p.m.
I’ve said it before…..when this Phelps guy and his family pass away, I will be standing there with a sign saying “Thank God for ….(insert whatever here)
Patanjali on March 02 at 4:41 p.m.
Hawken is right….the Westboro cult is a bunch of crazy people….but the ruling from the court was proper…even crazy people have free speech rights.
DHF on March 02 at 5:49 p.m.
I would not lose one minute of sleep if one would go in and bust there heads while protesting at anyone’s funeral. Especially someone who gave his life for his country. This is one where freedom of speech takes it to far. And I might also add that the infinite wisdom of the Supreme Court Sucks. And that goes for there decision.
greenlibertarian on March 02 at 8:50 p.m.
Tough talk, DHF. Someone should bust their heads, eh?
And turn them into martyrs.
Why not YOU, tough guy?
Can’t walk the talk? No courage of your convictions? YOU personally won’t go vigilante? Why not?
Typical cowardly blather.
Who’s head would Jesus bash in?
Orange on March 03 at 9:39 a.m.
I don’t think it is Green. in fact, whenever I see your magazine cover icon next to your name I skip over the post because I know it’s just “blather”. Be nice.