I would not think this kind of speech at a fallen soldier’s funeral is what our Founding Fathers had in mind.
MEG33 wrote: “I would not think this kind of speech at a fallen soldier’s funeral is what our Founding Fathers had in mind.”
Probably not. Perhaps I haven’t written well enough previously. I was interested in the legal aspects of the case and did not and do not support what Phelps and his “church” do.
I think I understand full well what you are getting at. However, it all depends on where you draw the line. For example, I don’t support laws against flag burning or hate crimes, because I would rather allow some offensive speech than cede more authority to government.
I was unaware of the legal concept of “Fighting Words” until Polybius posted it. Given that, I agree Fred Phelps crossed the line. Ignoring this, for sake of discussion, what if Fred’s clan protested the funeral with less inflammatory signs? Where do you draw the line? Do you set up a perimeter around the funeral, or do you say all funeral protests, no matter where they appear, are illegal?
Obviously this isn’t as clear cut as some here believe, because Phelps and his ilk have evaded the law for years in spite of attempts by legislatures to draw the laws tighter. It’s almost as if Phelps is doing this for ulterior reasons as others have posited. For example, you didn’t see them protesting at the premiere of Brokeback Mountain, did you?