Free Republic
Browse · Search
GOP Club
Topics · Post Article

To: 2ndDivisionVet
The Supreme Court could have ruled against the Westboro Baptist Church on the basis of the "Fighting Words Doctrine".

"There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting words" those that by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." – Chaplinsky v. New Hampshire, 1942

Spewing hatred towards the deceased at a funeral in front of his family qualifies as "Fighting Words" if anything does.

Maybe it will take an actual physical fight for the Supreme Court to realize this.

5 posted on 03/02/2011 3:10:25 PM PST by Polybius
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Polybius

Well said.


7 posted on 03/02/2011 3:13:04 PM PST by agere_contra (Whenever a Liberal admits to something: he is covering up something far worse)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: Polybius
The Supreme Court could have ruled against the Westboro Baptist Church on the basis of the "Fighting Words Doctrine".

As Mark Levin just said when commenting on this case, the Supreme Court has applied a number of tests for various types of speech in - as Levin said -- "making a mess" of the first amendment over the years.

Yet in this case (except for possibly Alito), they took a purist's approach to the first amendment. Levin wondered why. As he said, in this case "I sure as hell would have looked for one."

37 posted on 03/02/2011 3:58:24 PM PST by Al B.
[ Post Reply | Private Reply | To 5 | View Replies ]

To: Polybius
Spewing hatred towards the deceased at a funeral in front of his family qualifies as "Fighting Words" if anything does.

My understanding of the case was that the family was not even aware of the protesters, until they saw it later on TV.

68 posted on 03/02/2011 6:04:20 PM PST by dfwgator
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
GOP Club
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson