Ruling throwing out $5 million judgment to father of dead Marine

[sjr09 155]

WASHINGTON — The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount attention-getting, anti-gay protests outside military funerals.

The court voted 8-1 in favor of the Westboro Baptist Church of Topeka, Kan. The decision upheld an appeals court ruling that threw out a $5 million judgment to the father of a dead Marine who sued church members after they picketed his son's funeral.

Chief Justice John Roberts wrote the majority opinion for the court.

Justice Samuel Alito dissented.

It was a huge victory for a group whose antics have outraged many, including veterans groups.

Supreme Court rules controversial funeral protests are free speech

While the protests were painful, the majority wrote that the Constitution protects even hurtful speech on public issues.

"What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment," Roberts wrote, "and that protection cannot be overcome by a jury finding that the picketing was outrageous."

The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount attention-getting, anti-gay protests outside military funerals..Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain," Roberts wrote. "On the facts before us, we cannot react to that pain by punishing the speaker. As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate."

Alito strongly disagreed. "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," he said.

'Thank God for dead soldiers'

Matthew Snyder died in Iraq in 2006 and his body was returned to the United States for burial. Members of the Westboro Baptist Church, who have picketed military funerals for several years, decided to protest outside the Westminster, Md., church where Snyder's funeral was to be held.

The Rev. Fred Phelps and other family members who make up most of the Westboro Baptist Church have picketed many military funerals in their quest to draw attention to their view that U.S. deaths in Afghanistan and Iraq are God's punishment for the nation's tolerance of homosexuality.

They showed up with their usual signs, including "Thank God for dead soldiers," "You're Going to Hell," "God Hates the USA/Thank God for 9/11," and one that combined the U.S. Marine Corps motto, Semper Fi, with a slur against gay men.

The church members drew counter-demonstrators, as well as media coverage and a heavy police presence to maintain order. The result was a spectacle that led to altering the route of the funeral procession.

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Several weeks later, Albert Snyder was surfing the Internet for tributes to his son from other soldiers and strangers when he came upon a poem on the church's website that attacked Matthew's parents for the way they brought up their son.

Soon after, Snyder filed a lawsuit accusing the Phelpses of intentionally inflicting emotional distress. He won $11 million at trial, later reduced by a judge to $5 million.

The federal appeals court in Richmond, Va., threw out the verdict and said the Constitution shielded the church members from liability.

Forty-eight states, 42 U.S. senators and veterans groups sided with Snyder, asking the court to shield funerals from the Phelps family's "psychological terrorism."

While distancing themselves from the church's message, media organizations, including The Associated Press, urged the court to side with the Phelps family because of concerns that a victory for Snyder could erode speech rights.

Roberts described the court's holding as narrow, and in a separate opinion, Justice Stephen Breyer suggested in other circumstances, governments would not be "powerless to provide private individuals with necessary protection."

But in this case, Breyer said, it would be wrong to "punish Westboro for seeking to communicate its views on matters of public concern.

http://www.msnbc.msn.com/id/41868004/ns/politics-more_politics/?gt1=43001

[Obama 2012 1,714]

While I think it's outrageous what Westboro does... Ther's nothing wrong with it in the legal sense as pointed out by the ruling today.

They are on 'public' streets having public protests.

The location is disturbing, but there are no walls to block their view/audible chants.

[sjr09 155]

While I think it's outrageous what Westboro does... Ther's nothing wrong with it in the legal sense as pointed out by the ruling today.

They are on 'public' streets having public protests.

The location is disturbing, but there are no walls to block their view/audible chants.

I can agree with you in the "legal Sense" But at what point do you drawl the line, after the funereal of the mans son this group went online and publicly targeted him and his family. Public protest? Or personal Attack and defamation?

Video of the Marines father

http://www.msnbc.msn...546418#39546418

[JohnSmith2007 353]

At some point a grieving family member will snap and there will be bloodshed. It isn't right but at some point it will happen. This is far from over.

[Usui Takumi 1,562]

At some point a grieving family member will snap and there will be bloodshed. It isn't right but at some point it will happen. This is far from over.

I'm sure the Church will claim martyrdom or some such nonsense. I do hope the counter protests become stronger and the church members finally become afraid to show there faces.

[sjr09 155]

At some point a grieving family member will snap and there will be bloodshed. It isn't right but at some point it will happen. This is far from over.

The exact reason for swat team and ambulance at the funeral

[sjr09 155]

I'm sure the Church will claim martyrdom or some such nonsense. I do hope the counter protests become stronger and the church members finally become afraid to show there faces.

Fanatics have no face or shame.

[JohnSmith2007 353]

I'm sure the Church will claim martyrdom or some such nonsense. I do hope the counter protests become stronger and the church members finally become afraid to show there faces.

In this case a dead martyr will soon be forgotten. A martyr is only valuable when there are others that agree with them. In this case this nut job family pretty much stands alone.

[^_^ 5,021]

Alito was the sole dissenter? Interesting. However noxious the speech in question, it is good to know that 8 out of 9 justices still believe in the 1st Amendment.

[Peikko 1,575]

The better thing to do is ignore them, and request the media does the same. They do it for publicity and shock value, it's sad and pathetic.

[Zero Sum 305]

The better thing to do is ignore them, and request the media does the same. They do it for publicity and shock value, it's sad and pathetic.

I've seen these freaks doing their insane thing. And much larger crowds showing their disapproval with very tasteful humor in return. These people must have genetic brain issues or something.

[^_^ 5,021]

These people must have genetic brain issues or something.

They do tend to keep it in the family.

[Zero Sum 305]

That's right they are related. What's their lineage like? Cousins marrying cousins?

[JohnSmith2007 353]

That's right they are related. What's their lineage like? Cousins marrying cousins?

More like sisters marrying the family dog.

[Zero Sum 305]

More like sisters marrying the family dog.

I nearly threw up in my mouth.