Supreme Court: Anti-gay funeral protests OK

[estranged4life]

http://www.msnbc.msn.com/id/41868004...-more_politics

Decision upholds ruling throwing out $5 million judgment to father of dead Marine who sued church for picketing son's funeral

WASHINGTON — The Supreme Court ruled Wednesday 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.

Chief Justice John Roberts wrote the majority opinion for the court.

Justice Samuel Alito dissented.

It was a huge victory for a group whose antics have outraged many, including veterans groups.
Supreme Court rules controversial funeral protests are free speech

While the protests were painful, the majority wrote that the Constitution protects even hurtful speech on public issues.

"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."

"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," Roberts wrote. "On the facts before us, we cannot react to that pain by punishing the speaker. 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.

'Thank God for dead soldiers'
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 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.

“God promised dire outpourings of very painful wrath, and there’s nothing more painful than killing one of your children and that’s what’s going on in Iraq,” Fred Phelps told msnbc.com in an interview in 2006 . “That’s what we’re preaching and the forum of choice to deliver such a message, obviously, is the funeral of the kid that’s been blown to smithereens."

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."

[estranged4life]

war with their victory in the Supreme Court, but they will reap what they sow now - Most communities in Oklahoma are planning to follow in the footsteps of the citizens of McAlester when these Westboro douchebags appear for another protest:

McAlester Oklahoma honors its fallen hero
Phil Boehmke
From Rachel Petersen at the McAlester News Capital:

"Sgt. Jason J. McCluskey was laid to rest on Saturday with hundreds of his friends, family members and comrades in attendance. And there were hundreds more standing outside the First Baptist Church in McAlester listening to his memorial service via tall standing loudspeakers. And still there were hundreds more lining the roads and intersections from the church to the cemetery waving American Flags and patriotic signs. And there were yet hundreds more at his graveside services at the Tannehill cemetery.

The 26 year old Army paratrooper was killed in action on November 4th in Afghanistan. During his tour of duty Sgt. McCluskey was awarded two Purple Hearts and a Bronze Star for his heroism. Jason’s grandmother Anita McCluskey said that her grandson’s “mission in life was to be a protector and defender, and that is what he did.”

The small town of McAlester in South-Eastern Oklahoma came together as a community to honor their fallen hero and to honor the nation for which he laid down his life. Members of the Westboro Baptist Church made the trip from Kansas to spread their message of hate at Sgt. McCluskey’s funeral. The group whose hatred of homosexuals has inexplicably been channeled into highly offensive protests at military funerals, discovered that they were in the wrong town on Saturday.

The Tulsa World reports that the half-dozen Westboro protesters were easily drowned out by the friends and neighbors of Sgt. McCluskey who shouted “USA, USA, USA” and countered the “God hates America” message of the protesters with a proud show of American patriotism. After enduring the stringing rebuke of McAlester patriots, the protesters returned to their minivan only to find that both passenger-side tires had been slashed.

"To make matters worse, as their minivan slowly hobbled away on two flat tires, with a McAlester police car following behind, the protesters were unable to find anyone in town who would repair their vehicle, according to police.

The minivan finally pulled over several blocks away in a shopping center parking lot, where AAA was called. A flatbed service truck eventually arrived and loaded up the minivan."

Certainly we do not condone vandalism, but the message came through loud and clear. “We The People” are awake and engaged as never before and the tide is turning. The Boston Tea Party was an act of vandalism, wasn‘t it?

The family, friends and neighbors of Sgt. Jason J. McCluskey and those of all of our fallen heroes have earned the honor of a military funeral and are entitled to the dignity that accompanies such a solemn occasion. While the right of the Westboro group to protest at military funerals will be decided by the Supreme Court, the right of a community to honor its own was defended in McAlester on Saturday."

[louielouie2000]

I actually am glad that the Supreme Court ruled the protests were ok. Why? Because it's free speech. And we don't want to roll back free speech in any way, shape, or form. It's a slippery slope to voluntarily give up freedoms and liberties. While I think the things Westboro Baptist does are amongst the most deplorable things humans can do, they are within their rights to do exactly what they do. I must say I'm glad to hear resistance to their actions is growing ever greater, though. To me, that resistance is what America is all about. Neighbors taking care of their neighbors. It's even better that the Westboro folks weren't able to find anyone to fix their van. That honestly makes me very proud .

All that being said, am I the only one surprised it was Alito who was in favor of silencing the likes of Westboro Baptist? He's not just conservative, he's nearly libertarian. I'd expect him of anybody would fight hard for the First Amendment. It's not that I don't agree with Alito with what Westboro Baptist is doing is horrendous... I think 95% of Americans DO. I guess I just didn't expect Alito to be the lone dissenter... I expected it to be one of the more liberal justices.

Interesting day in politics, for sure!

[DavidMn]

Originally Posted by louielouie2000

I actually am glad that the Supreme Court ruled the protests were ok. Why? Because it's free speech. And we don't want to roll back free speech in any way, shape, or form. It's a slippery slope to voluntarily give up freedoms and liberties. While I think the things Westboro Baptist does are amongst the most deplorable things humans can do, they are within their rights to do exactly what they do. I must say I'm glad to hear resistance to their actions is growing ever greater, though. To me, that resistance is what America is all about. Neighbors taking care of their neighbors. It's even better that the Westboro folks weren't able to find anyone to fix their van. That honestly makes me very proud .

All that being said, am I the only one surprised it was Alito who was in favor of silencing the likes of Westboro Baptist? He's not just conservative, he's nearly libertarian. I'd expect him of anybody would fight hard for the First Amendment. It's not that I don't agree with Alito with what Westboro Baptist is doing is horrendous... I think 95% of Americans DO. I guess I just didn't expect Alito to be the lone dissenter... I expected it to be one of the more liberal justices.

Interesting day in politics, for sure!

I agree with you wholeheartedly. I've always believed what these people crave more than anything else is attention. Just ignore them.

[estranged4life]

Originally Posted by DavidMn

I agree with you wholeheartedly. I've always believed what these people crave more than anything else is attention. Just ignore them.

sure did ignore them, not offering to help them with their flat tires is a great form of ignoring them

Brian "God Hates TIRES!!!" j.

[louielouie2000]

Originally Posted by DavidMn

I've always believed what these people crave more than anything else is attention. Just ignore them.

Preach it, Brotha!!

Originally Posted by estranged4life

Brian "God Hates TIRES!!!" j.

This made my afternoon. THANK YOU!!

[Christopher]

Originally Posted by DavidMn

I agree with you wholeheartedly. I've always believed what these people crave more than anything else is attention. Just ignore them.

Kinda like GaGa or Charlie Sheen.

[DavidMn]

Originally Posted by Christopher

Kinda like GaGa or Charlie Sheen.

I think my attitude goes for anyone that you might find terribly annoying.

[HomerMcvie]

What Louie said.


While their actions are deplorable, I am a firm supporter of freedom of speech.

I hope karma kicks their idiotic asses.

[louielouie2000]

Originally Posted by Christopher

Kinda like GaGa or Charlie Sheen.

And that's precisely why I detest both so badly. They both obviously have talent... but their actions just repel me from caring.