I do understand why Alito felt the way he did. These protests are an ATTACK on the families and the soldier, and Alito saw it that way. The problem is, who decides what is passion and what is an attack?
I believe Alito followed his conscience, and I understand that. I agree what these protesters are doing is vile and inhuman, but if the court were to follow Alito, who knows what other speech would be outlawed down the line. If one is outlawed, others will be someday as well.
Alito’s right. The other black robes need to go back to law school.
And the other side of that coin? Thanks to this precedence, none is outlawed, therefore anyone can say and do ANYTHING and it's allowed as constitutionally protected free speech.
I prefer justices would uphold the Constitution rather than adjudicate based on "feelings" and (those who have one) "conscience." All 4 or 5 of the libs and activists got it right this time. (Yes, blind pigs and stopped clocks.)
Regardless, let's hope this is the last time he screws up, and that we never have reason to look back on this decision as marking the birth of the latest failed Republican SCOTUS appointment. That would be the end of our 5-4 victories.