U.S. Supreme Court: Will distress trump the First Amendment right to free speech?

UPI ^ | April 4, 2010 | Harriet Robins

[myknowledge]

Next fall, the U. S. Supreme Court will hear the case of Snyder vs. Phelps, in which it's possible the speech-related practices of an obnoxious group will be curbed -- but at the price of some new First Amendment fetters.

Members of the Westboro Baptist Church picketed the March 10, 2006, funeral of Lance Cpl. Matthew Snyder, a U.S. Marine who was killed a week earlier in Iraq. They displayed placards reading, "God hates you," "Thank God for Dead Soldiers" and "Semper Fi Fags."

The deceased soldier's father, Albert Snyder, sued the church and its founder, the Rev. Fred Phelps, in a Maryland federal court for defamation, invasion of privacy (intrusion on seclusion and publicity given to private life) and intentional infliction of emotional distress.

[myknowledge]

A protester with the Westboro Baptist Church of Topeka, KS, chants as the funeral procession for U.S. Army Pvt. Peter Navarro pulls up to the St. Clare of Assisi Catholic Church in Ellisville, Mo on December 23, 2005. The group led by the Pastor Fred Phelps. protests at the funerals of U.S. servicemen and women claiming that God is punishing those that fight in the Iraq war. Navarro was killed by a roadside bomb on December 13 in Iraq.

What un-American lib leftie Marxist military haters abusing the First Amendment to spew out their disrespectfully treasonous tirade.

The cardboard posters should read 'Fag Liberal in Hell', 'Thank God for Slain Liberals' and 'Semper Fi Hard Core Homophobes'.

[Thane_Banquo]

Had the father simply put a bullet through Phelps’ head, there isn’t a jury in the world that would have convicted him.

[A_perfect_lady]

I’m with you. Or drove his car right into the middle of them. Hey, there were tears in his eyes. He couldn’t see.

[Bigh4u2]

Nearly everyone is abusing the First Amendment.

The First Amendment doesn’t give you to the right to say anything you want, to whomever you want.

It is there to protect your right to speak out against the GOVERNMENT!

The protesting these people are doing is nothing short of harassment and slander and is NOT protected under the First Amendment!

The meaning of the First Amendment has been so bastardized over the years as to be unrecognizable anymore.

[Thane_Banquo]

The First Amendment does not give someone the right to violate the rights of others, or to viciously abuse them.

[apillar]

I'm really torn on this one. On one side, I think it's disgusting what the Phelps crowd is doing, but on the other hand I don't like the precedent of limiting free speech based on the emotional distress it may cause. Heck, liberal, Muslims, gays etc. could claim much of what's posted on FreeRepublic causes them “emotional distress”. I know having a captive audience at a funeral is different from someone who willingly goes to a conservative website, but some Obama appointed judge would be all to happy to extend it to cover all speech, giving America a defacto “Human Rights Commission” to regulate speech like they have in Canada.

[stockpirate]

This is just what the leftists are rooting for! The days of our greatness are passing before our eyes as no one is willing to take action to stop the tyrants of fascism from their takeover of America.

Soon Obama’s new army will be coming for the few who stand against tyranny. Years from now the mass graves will be uncovered and people will wonder how it happened that no one stood and said “stop”.

National Socialism in America, Hitler won the war, and shall reign for a 1,000 years.

The National Socialist States of America.

Many brave men gave their lives defending us from tyranny and now we all bring dishonor to their memories by our lack of resolve.

Dear God, where are men of courage and conviction to show the way in our times of need? Where is our John Adams, George Washington, Alexander Hamilton?

[Defiant]

Suppose the Supreme Court says, which it should that government can restrict the free speech of these A-holes and prevent them from protesting funerals. They can protest all they want, but not AT or withing the hearing of, the funeral of a non-public person. That's what I would find.

Suppose that the court says this. What will Obama use that restriction on free speech to support? Time and place restrictions on, say, Rush Limbaugh?

[Bigh4u2]

You’re absolutely right.

Just because you perceive it as a right to speak your mind,against anyone you want,doesn’t make it so.

[Defiant]

Where are the SEIU thugs when we need them?

[Psalm 144]

I am not torn on this. Freedom of expression is limited and always has been in certain areas. Criminal threats, slander, or to foment panic or riot for instance. There has never been an absolute freedom or speech.

This “church” group is way over the line. The family of the soldiers should look at civil suits for the intentional infliction of distress, a tort in most states.

I certainly understand your sentiments though, and can see how this could be abused. The left does this anyway though with the creeping PC absurditities.

[Will88]

Sometimes it seems that the right to free speech is interpreted too loosely, and this is definitely one of those times. Everyone has a right to free speech, but no one has a right to a particular audience. When a group of people have freely assembled (another right) for a specific purpose, no one should have a right get within hearing distance and hijack that gathered audience for their own purposes.

Those who want to exercise their right of free speech should also be made to assume the responsibility of earning, or attracting their own audience. They should have no right at all to an audience gathered for purposes of its own.

The Phelps’ fools can stage their demonstrations at many different locations and times, but they should not be allowed near any funeral, or any audience gathered for other purposes.

[Hank Kerchief]

“The First Amendment doesn’t give you to the right to say anything you want, to whomever you want.”

That’s exactly what the first amendment guarantees. Freedom of speech means freedom to offend. If one could only say what offended no one, there would be no freedom of speech.

When I was growing up, we learned a little poem, “sticks and stones can break my bones, but names can never hurt me.” Sorry I had to grow up to discover the society had become a bunch of thin-skinned sissies.

If you get upset by something someone else says, he has not abused you, you have an insecurity problem of your own. Real adults don’t care what other people say.

[This does not include slander and defamation, which are not freedom of speech issues.]

The Westboro Baptist Church people are vile and disgusting and deserve whatever happens to them. Please do not let those vile people’s actions endanger the principles of free speech.

Per Will88’s suggestion, a property rights violation would be a much better way to deal with this, not free speech.

Hank

[bitterohiogunclinger]

Is this group part of any other “Baptist” organization? If so, I’d expect to hear condemnation of their activities.
Personally, I think the way to handle them is to surround them with a few thousand bikers and engage in a massive group hug.

[montag813]

These jerks have the right to protest anything they want. But why did the cops let them do it so CLOSE? They keep abortion protesters across streets and beyond distance limits.

[Mamzelle]

re: Where are the SEIU thugs when we need them?)))

I suspect they stand with Westboro and collect a check from John Podesta.

Instead of turning a hard case into bad law, couldn't the same resources be used to investigate Westboro's source of funding?

This group serves the purpose of the left. The left gloatingly publicizes their activities.

[Mamzelle]

The facts are, they were at some distance from the funeral.

I'm opposed to this being turned into a way to shut people up.

[Eagle Eye]

Well stated.

[Mamzelle]

Meghan Kelly was arguing the law. O'Reilly was screaming, irrational and emotional. She pointed out that the group was at some distance from the family.

I'm glad that O'Reily is helping with legal expenses, and that the family is getting donations from all over the country.

But turn this into restrictions against protest? Like the people protesting Obamacare at the Capitol and caused the gloating congressmen emotional distress? Don't you think this lawsuit is exactly what the left wants to shut down abortion protestors?

I still think Westboro is doing the bidding of the left, which means there's a money trail.