Dissenting Justice: Westboro Ruling Goes Too Far

AOL News ^ | 2/3/11 | Joseph Schuman

[Eleutheria5]

That's ok, though. If their assault on his son's funeral is constitutionally protected, a future dad in that position (of facing Westboro pickets) can add to public discourse and make a 1st Amendment-protected statement with a well-placed upper cut, followed by a kick in the ass. It may be personally painful to the Westboro parishioner getting in his face, but the First Amendment protects offensive gestures and movements, too. Any legitimate attendant at the funeral wishing to make a similar public statement with the Westboro picketer nearest to them can feel free to do so, or help the father make his public statement more emphatic.

[Ev Reeman]

Free speech zones?

Ridiculous.

Free speech should be available everywhere and at any time.

Ir is propriety that should make people respect funerals and allow the honored dead to be buried in peace.

[texteacher]

“Free speech should be available everywhere and at any time.”

There is also responsible free speech. What happened to the concept of “can’t yell ‘fire’ in a movie theater”?

[Eleutheria5]

Public office holders get them. Protests are held in one area, press conferences in another. Since “free speech zones” are not afforded funerals, and propriety and decency does not seem to stop Westboro Baptist, I see no reason why it should stop the attendants at the funerals that they are picketing, either. Kick ‘em in the ass. Chase them away. Done and done.

[silverleaf]

there is free speech, and then there is intent to disrupt the religious services and practices of others, just as the gays increasingly are doing with the Catholic churches

I would consider disrupting and profaning a funeral to be interfering with freedom of religious practice

Guess I woulda lost, but I would sure like to buy Alito a beer

[RightFighter]

I think that the proper response would be for state legislatures to immediately pass exemptions to their assault and battery statutes to exclude people who are maintaining tohe decorum of a funeral ceremony.

[texteacher]

oops...hit post before I finished.
I agree with the propriety statement. Just try your “free speech” disagreeing with Obama during one of his public appearances.

[freeangel]

An organized group needs to get together and “protest” all Westboro members homes, funerals, etc in like manner.

[Clintonfatigued]

I respect Samuel Alito and sympathize with those who have lost love ones, but the First Amendment applies to all Americans, including those who are the scum of the earth. Fred Phelps & Company have every right to make public fools of themselves.

[Eleutheria5]

Damn straight.

[dfwgator]

What happened to the concept of “can’t yell ‘fire’ in a movie theater”?

Doing such a thing would threaten the health of the people in the theater. Hurling insults doesn't peril anyone else's health, you know, "sticks and stones" and all that.

[GSWarrior]

Does this ruling also protect someone who takes one of Phelp’s signs and rams it up his a$$?

[Political Junkie Too]

It's not about free speech, it's about the mourners' right to peaceably assemble.

SCOTUS is allowing the free inciteful speech of one group to trump the peaceable assembly of another group of funeral goers.

-PJ

[Doulos1]

1. That group, WBC is not a church, they are agitators.
Not one example of conduct like this can be found in
the New Testament Scriptures.
2. If they were Christians they would helping somebody,
praying for somebody, feeding some orphan as directed
by the Word, not making and carrying signs so repugnant
that their messages couldn’t be posted here.
3. If they have a problem with homo’s why don’t they
go confront the homo’s in San Francisco? No, they
go to funerals of our fallen heroes carrying signs
saying that God killed them because of homosexuality
in our country.
4. These WBC are brute beasts, clouds without water,
carried about of winds; trees whose fruit withereth,
without fruit, twice dead, plucked up by the roots.
Raging waves of the sea, foaming out their own shame;
wandering planets to whom is reserved the blackness
of darkness for ever. Jude 10~13.

[Carley]

Words that can’t be said on TV, that are disallowed in any classroom in the United States is perfectly alright to be said against our military heroes.

For shame.

[Lurking Libertarian]

there is free speech, and then there is intent to disrupt the religious services and practices of others, just as the gays increasingly are doing with the Catholic churches

The Supreme Court's decision pointed out that the protestors did not disrupt the funeral; they were on a public street, not inside the chapel, and the plaintiff father didn't even know about the protest until he saw it on the news that night.

[Ev Reeman]

Loudly protest them at their place and on a daily basis and see how they like it.

[KrisKrinkle]

“Free speech should be available everywhere and at any time.”

Anyone can exercise “free speech” from your front yard? From your porch? From inside your dwelling? Anytime they want to?

[Persevero]

You can’t have peaceful pro-life activity in front of abortion clinics, in certain areas, as far as I know. A pastor in Oakland went to jail for peacefully picketing.

[W. W. SMITH]

When someone whines long enough eventually they will be heard. WBC’s whining has certainly been heard. When someone continues to whine after being heard, eventually someone will shoot them.