Westboro Baptist Church Wins in Supreme Court

[AlabamaNomadRider]

Supreme Court Rules in Favor of Military Funeral ProtestersMar 2, AP WASHINGTON -- The Supreme Court ruled Wednesday 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.



Nicholas Kamm, AFP/Getty Images
Members of the Westboro Baptist Church, a Kansas church known for its vehement anti-gay positions and for protesting at military funerals, stage a protest near a high school in Hyattsville, Md., on Tuesday.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."


Sponsored LinksWhile 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."

[cactusjack]

That's what I thought would happen. Free speech is free speech - good or bad, agree or disagree.

It's too bad the church wackos don't have a shred of human decency or compassion in their bodies.

[landman]

like cj said"free speech is free speech"but it still pisses me off.where is the
love and compassion that christians are supposed to offer.they give all
christian people a black eye!

[NRiderUSA]

Right or Wrong.....you know what today again proves... it just doesnt matter.

It's legal.

[glwilson]

All this will do is strengthen those that wish to defend and protect the dignity of those who have given the ultimate sacrifice for their country; and their families.

I suspect we'll see more people (including myself) who may play a more active role in helping protect the grieving families of our fallen soldiers by building human-shields against these idiots, or any others like them.

I understand protecting the right of free speech. This ruling is correct in protecting this right.

If I were the westboro church group, I would be a bit more worried now than before this ruling. Just saying... if you know what I mean. ;)

[Sin City Stan]

Free speech has been interpreted in many odd ways including physical actions if you know what I mean. If a family in the area needs a shield from these wackos I'll be there.

[cactusjack]

When this church announced they were coming to Tucson to protest at the funerals of the Tucson shooting victims (9 year old girl and federal judge) there would have been about 300 bikers from Phoenix and hundreds more citizens waiting for them to shield the mourners. The church backed out and didn't show up.

[NRiderUSA]

I wonder if the ruling would be the same if they were outside a gay wedding doing the same thing?
Bet there is a clause that they cant do that somewhere.

[58nomad]

Originally Posted by NriderUSA

I wonder if the ruling would be the same if they were outside a gay wedding doing the same thing?
Bet there is a clause that they cant do that somewhere.

Great point and it wouldn't surprise me if you were arrested for hate speech. Just saying.. :(

[bullman]

As much as I disagree with this group...I have to agree with the supreme court decision. I think that we should all get out and protest them at their church!! Bet they wouldn't like that

[NRiderUSA]

Disagree is good... it expands your mind and horizons.

From what I understand that church isnt really a church, its a family claiming to be a church.

By their own actions they prove they are not Christians, just labeling themselves as such.
Very similar to those that show praise to Allah by killing people....

The actions dont match the teachings.

There will always be people who will believe anything and follow anyone.

Karma is a great thing it will balance things.