The Supreme Court ruled today that the First Amendment protects fundamentalist church members who mount attention-getting, anti-gay protests outside military funerals.
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.
"What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment," Roberts wrote, "and that protection cannot be overcome by a jury finding that the picketing was outrageous."
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 Snyder's funeral was to be held.
The Rev. Fred Phelps and other 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.
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.
We should be able to protect the legacy of the dead, whose legacy demands protecting. A person's reputation is their "Legacy". No group should be allowed to slander and defame those who are deceased. God is the final judge of every person.
Freedom of Speech is a "Right" but also a privilege which carry with it great responsibility. Many people are not responsible in what they say, write or publish. People hide behind the First Amendment to do evil while the government allow them to do so. The same people who defame our fallen soldiers are among those who sleep well every night because our U.S. soldiers are standing watch. Put some of them under the line of fire and let's see how big they talk. All talk and no play makes Jack a dull boy.
The church should be the first to come against these evil attacks instead of being the lead in them. Support Anti-Defamation Legacy Petition.
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