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Supreme Court seems inclined to rule against funeral protesters [Phelps Phreeks]
Arizona Daily Star ^

Posted on 10/07/2010 3:34:48 PM PDT by SandRat

WASHINGTON - Supreme Court justices, in a rare public display of sympathy, strongly suggested Wednesday they would like to rule for a dead Marine's father against fundamentalist church members who picketed his son's funeral - but aren't sure they can.

Left unresolved after an hourlong argument that explored the limits of the First Amendment: Does the father's emotional pain trump the protesters' free speech rights?

The difficulty of the constitutional issue was palpable in the courtroom as the justices weighed the case of Albert Snyder. His son died in Iraq in 2006, and members of a family-dominated church in Topeka, Kan., protested at the funeral

--snip --

(Excerpt) Read more at azstarnet.com ...


TOPICS: Culture/Society; Government
KEYWORDS: funeral; phelps; proteters
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This could be sweet!!!!!!
1 posted on 10/07/2010 3:34:52 PM PDT by SandRat
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To: SandRat

Wishing it would be 9-0 against the protesters.


2 posted on 10/07/2010 3:36:02 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: SandRat

I really hate how the media keeps refering to this cult as fundamentalists church or a Christian church. Exactly what is their foundation? It certainly isn’t the Bible.


3 posted on 10/07/2010 3:36:51 PM PDT by ViLaLuz (2 Chronicles 7:14)
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To: SandRat
Good!!!

The free speech issue is total BS. Nobody has to harass people at a funeral to explain their point of view.

4 posted on 10/07/2010 3:37:23 PM PDT by Tribune7 (The Democrat Party is not a political organization but a religious cult.)
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To: SandRat

It should be overturned. The First Amendment protects people from government restrictions on their speech. The underlying case was a private individual suing the Phelps mob. This is not a First Amendment case.


5 posted on 10/07/2010 3:38:46 PM PDT by Non-Sequitur (Hey mo-joe! Here's another one for your collection.)
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To: SandRat
The Court has two very clear routes it can logically take. The first is to weigh the free speech right of the Snyder party against the free speech right of the Phelps at that site at that time.

Obviously Snyder wins in that case.

Or, alternatively the Court can suggest that it's lawful to commit violence against those who use fighting words and reinstitute the Code Duelo.

In that case we all win ~ and we don't have to put up with any more Leftwingtard cr*p.

6 posted on 10/07/2010 3:38:56 PM PDT by muawiyah ("GIT OUT THE WAY" The Republicans are coming)
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To: Tribune7

Imagine the verdict if it was a muslim funeral that was being attacked........


7 posted on 10/07/2010 3:40:30 PM PDT by Carley (For those who fought for it, freedom has a flavor the protected will never know.)
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To: ViLaLuz
really hate how the media keeps refering to this cult as fundamentalists church or a Christian church. Exactly what is their foundation?

They are Al Gore Democrats.

Really


8 posted on 10/07/2010 3:40:54 PM PDT by Tribune7 (The Democrat Party is not a political organization but a religious cult.)
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To: SandRat

This is about free speech. I’m not willing to give up mine for the sake of some simpleton masquerading as a Christian screaming vile things at our beloved fallen. Free speech is the first thing to go in a totalitarian regime.
Soviet Russia-
Nazi Germany-
Hungary-
Czechoslovakia-
Cuba-
etc., etc.
We need to fight for the right for these stupid people to say their stupid ideas in public. If we don’t, the next thing they will be after the ‘misguided’ on the FreeRepublic.


9 posted on 10/07/2010 3:47:14 PM PDT by Doulos1 (Bitter Clinger Forever)
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To: SandRat

AMEN! These freaks need shutting down.


10 posted on 10/07/2010 3:48:29 PM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: ViLaLuz

> “ Exactly what is their foundation? It certainly isn’t the Bible.”

.
In that assumption you are wrong!

Yes the Phelps gang is crude, and abrasive, but their assertions are straight out of the Bible. (Romans Ch 1)

This case could be exactly what the left has been hoping for: a chink in the first ammendment’s armor.
.


11 posted on 10/07/2010 3:49:01 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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I do not support Fred Phelps or anyone associated with him or his "church". Again, I do not support Fred Phelps or his church.

I do however, support freedom of speech which is enumerated in the Constitution.

There are other laws on the books that could easily restrict where Phelps and his goons do their "protesting".

By clicking on the link, there are the Patriot Guard Riders that could legally create major access problems for Fred Phelps and his thugs.

I do not want the LEFT to ever use any ruling to curtail my own freedom of speech.


12 posted on 10/07/2010 3:50:12 PM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
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To: Non-Sequitur

> “This is not a First Amendment case.”

.
The first judge that heard it turned it into one, and all the others have followed like sheep.


13 posted on 10/07/2010 3:52:10 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: pyx

Phelps would have no access if the funeral had been private, rather than making it a public forum.
.


14 posted on 10/07/2010 3:54:27 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: Doulos1

The problem, of course, is that Mr. Phelps doesn’t seek to merely exercise his right to express an opinion in public, but to do it in a fashion which unreasonably disrupts the exercise of their religion by families of servicemen.


15 posted on 10/07/2010 3:55:10 PM PDT by Mr. Lucky
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To: pyx

Your link doesn’t work.


16 posted on 10/07/2010 3:56:52 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: K-oneTexas

Uhh, sympathy is not a legal argument.

1st Amendment means free speech even if rude and annoying.


17 posted on 10/07/2010 3:57:16 PM PDT by Para-Ord.45
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To: Non-Sequitur

I agree. Even if it were a First Amendment case, where would the line be drawn.

Much to my surprise the Attorney Phelps really did a good job aruging the case.

I still think that the Phelps are a bunch of nutcakes, and that their pickets are way over the top.


18 posted on 10/07/2010 3:57:45 PM PDT by Coldwater Creek (He who dwells in the shelter of the Most High will rest in the shadow of the Almighty Psalm 91:)
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To: Coldwater Creek

> “where would the line be drawn.”

.
If any line is drawn, the first ammendment is history.
.


19 posted on 10/07/2010 4:00:48 PM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: editor-surveyor
Your link doesn’t work.

Thanks. The link should be to the Patriot Guard Riders


20 posted on 10/07/2010 4:01:41 PM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
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