Non-Sequitur wrote: “People have a right to privacy.”
Within limits, yes. I was looking for something more specific. According to a statement written by the judge (provided by EDINVA), the “church” posted the family’s private information and made defamatory statements on the church web site. Also, Polybius posted the concept of “Fighting Words” from a SCOTUS decision. If the words are meant to incite and have no other significant value, they aren’t protected by the 1st Amendment. I agree with Polybius. The specific statements would likely be considered “Fighting Words” if the case was appealed on 1st Amendment grounds.
I’m particularly interested in “hate crime” and other legislation that limits or punishes offensive speech since it could be misused at some point. There are limits to everything (Fred Phelps has certainly pushed them), but I tend to side with free speech versus handing government more authority.
I would not think this kind of speech at a fallen soldier’s funeral is what our Founding Fathers had in mind.