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May 22, 2013
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Repulsive but ProtectedPosted on Oct 7, 2010
By Ruth Marcus I don’t know if there’s a hell, but if it exists, the Rev. Fred Phelps and other members of the Westboro Baptist Church deserve a place. In this world, their repulsive actions are shielded by the Constitution. Phelps and his Topeka, Kan., flock believe that “God is cursing America”—and killing U.S. soldiers—for assorted sins, including homosexuality, divorce and adultery. They have come up with a particularly offensive way of delivering their message: protesting at military funerals with signs such as “Thank God for Dead Soldiers” and “You’re Going to Hell.” The church members protested outside the Westminster, Md., funeral of Marine Lance Cpl. Matthew Snyder, killed in Iraq in 2006, and followed up with an “epic” poem on the Web asserting that Snyder’s parents “raised him for the devil” and that “God rose up Matthew for the very purpose of striking him down.” Snyder’s father, Albert, sued for intentional infliction of emotional distress and invasion of privacy. A jury awarded $11 million but a federal appeals court overturned the damages, ruling that the statements, while “utterly distasteful,” were protected by the First Amendment because they “involve matters of public concern.” The Supreme Court heard Snyder’s appeal this week, and the justices seemed torn about how to resolve the case—or, perhaps more important, the implications of how they resolve it for other free speech cases. Advertisement “I fully accept you’re entitled in some circumstances to speak about any political issue you want,” added Justice Sonia Sotomayor. “But what’s the line between doing that and then personalizing it and creating hardship to an individual?” I’m doubtful that line can be adequately drawn, which is why the appeals court was correct in throwing out the damage award. But I also think this case is less agonizing than meets the eye. The most appalling part of Westboro’s conduct is “hijacking solemn funeral proceedings for their own hateful purposes at the expense of grieving American families,” as a friend-of-the-court brief filed on Snyder’s behalf by the attorneys general of 48 states and the District of Columbia put it. Yet there is another way to protect the sanctity of funerals and to shield grieving families than to sock protesters with million-dollar damage awards. Indeed, as the states themselves point out, the federal government and 46 states have enacted laws that regulate protests around funerals. The court has long permitted such “time, place and manner” restrictions as consistent with the First Amendment. The justices could easily throw out the damage award without threatening the viability of these statutes. In fact, although Maryland’s law was not in place at the time, the Westboro protesters complied with police instructions about where to stand, several hundred feet from the funeral procession. From where he was, Snyder could see only the tops of the offending signs; he did not know what they said until he watched the television coverage several hours later. The service was not disrupted. Indeed, the most hateful part of Westboro’s speech was the poem, with its individualized attack on Matthew Snyder and his parents. The most hateful—but also the most dangerous to expose to a damages claim. The document was posted a month after the funeral on the church’s website. Snyder found it surfing the Web. If this speech is subject to punitive damages, what principle protects the offensive blogger or the outrageous commenter? The court wrestled with a similar question in 1988, in a case involving Hustler magazine’s caricature of evangelist Jerry Falwell in a drunken, incestuous encounter with his mother in an outhouse. Could that depiction be punished without endangering traditional political cartoons? “If it were possible by laying down a principled standard to separate the one from the other, public discourse would probably suffer little or no harm,” Chief Justice William Rehnquist wrote for the court. “But we doubt that there is any such standard.” Albert Snyder is a more sympathetic figure than Falwell, and he was thrust into the limelight by tragedy, not by choice. But the court’s wisdom remains as true. Ruth Marcus’ e-mail address is marcusr(at symbol)washpost.com. © 2010, Washington Post Writers Group New and Improved CommentsIf you have trouble leaving a comment, review this help page. Still having problems? Let us know. If you find yourself moderated, take a moment to review our comment policy. |
By john crandell, October 13, 2010 at 10:55 am Link to this comment
An agnostic, huh?
You fool! Now you’re at the top of their list…
Report thisBy ardee, October 13, 2010 at 6:35 am Link to this comment
More likely, my correspondent is a conformist bible banger
Oh John, as an agnostic I find your response rather reinforcing of my already abysmal opinion of your suggestion that violence is a solution we should consider…It isnt and you arent helpful, and possibly disturbed as well…or mayhaps just terminally immature.
Report thisBy purplewolf, October 13, 2010 at 6:19 am Link to this comment
Rico, these sick scum were out and about before Sonia was in the S.C. They were in my area protesting at 3 different funerals of soldiers in the same week. Because we have had massive job losses since the 70’s in my state, too many of the youth go into the military as employment is hard to find unless it is in one of the wars that repugs seem to favor over peacetime healthy and saner types of employment. One of the motorcycle clubs volunteered to make human chains to keep the protesters away from the mourning families by holding up tarps to keep the protesters from view. Finally our governor make it illegal to protest at the funeral services of our fallen military.
These people from Westboro church are a bunch of twisted evil petty hatemongers.
Saw a documentary on this group and even the 5-6 y.o.‘s are on street corners yelling about things they have no true mental concept of except for being brainwashed from birth in hatred and ignorance. These children of this sick cult are to be pitied as they don’t know any better, but the adults of this hatred do. To bad their children are not taken into protective custody, but the damage has already been done to them. Don’t be surrised as these children once grown, may be the future killers of others who are not of their same brand of mental illness. They are already warped by hatred and intolerance.
Report thisBy john crandell, October 12, 2010 at 10:27 am Link to this comment
Will ‘they’ come to get you first?
Or will you be last?
. . . . . . . . .
More likely, my correspondent is a conformist bible banger.
Report thisBy ardee, October 12, 2010 at 9:05 am Link to this comment
john crandell, October 11 at 3:54 pm
Ah, so you are a useless jerk. Thanks for the verification.
Report thisBy Matzpen, October 12, 2010 at 6:33 am Link to this comment
(Unregistered commenter)
I think it’s wrong to give right-wing nutters like these, or Pamela Geller, or Glenn Beck, or the Tea Party a platform and legitimacy to spread their hate and nonsense from.
Report thishttp://sherrytalksback.wordpress.com/2010/10/11/why-are-liberals-building-the-right/
By samosamo, October 11, 2010 at 1:37 pm Link to this comment
****************
I will interpret rev. fred fucked-up phelps idea of
‘praying for more dead soldiers’ as indication that
ole fuck-up phelps personally gains monetarily,
religiously and ‘politically’ from the illegal wars
and invasions of sovereign nations of american
hegemony.
Another big example of the trash that is part of
Report thisthis country.
By john crandell, October 11, 2010 at 11:54 am Link to this comment
well, as ol’ Bobby once said (in my fave flick):
“I love the smell of Napalm in the morning!”
Report thisBy ardee, October 11, 2010 at 11:08 am Link to this comment
john crandell, October 10 at 5:23 pm Link to this comment
“an excellent peace time use for Napalm.”
YES!
After listening to an NPR report on Phelps and company one morning this past
week I thought to myself: “Why hasn’t anybody in this nation blown that shit-
head away?”
I guess most shied away from responding to what is, basically, a repulsive call to violence. I do not tend to shy from a mudhole like your comment. Do you really, truly, believe violence and murder to be a good way to resolve political, spiritual or cultural differences? Or any differences for that matter? Cannot the light of reason shine down that hole you live within enough to make you see the ultimate result of such violent “solutions” to such problems we face?
Or were you just being extremely sarcastic?
Report thisBy Inherit The Wind, October 11, 2010 at 8:53 am Link to this comment
ardee, October 7 at 5:20 pm Link to this comment
As nasty and senseless as are the comments of Phelps and his followers we must stand firmly for his right to publicly state those offensive sentiments. For if we do not then our own right to speak may be next in line to be curtailed.
**********
I don’t usually agree with Ardee and we are usually at each others’ throats, but in this circumstance I must. If Phelps and his pals are obeying the law then we have no alternative but to grit our teeth and endure it.
Freedom of speech is curtailed all the time. You cannot legally threaten to kill someone. You cannot combine with other people to plan to commit a crime—that’s a conspiracy. You can’t go up to every woman on the street you see and say “Hi, Bitch!”. Certain verbal assaults are defined as crimes.
Had the funeral been private (and I’m not sure military funerals can be) and Phelps and his gang invaded to funeral, as opposed to standing at the legal required distance, it may be a different story.
But I don’t see that. Phelps is, IMHO, a prick who deliberately hurts families who are already hurting from the loss of a child—the worst thing a parent can suffer. But I don’t see how he’s breaking either criminal or civil law. Therefore he right to act like a prick must be defended.
Report thisBy Fat Freddy, October 10, 2010 at 4:39 pm Link to this comment
It’s generally held that free speech does not include personal harassment. Even Douglas agreed.
He did?
(My emphasis)
William O. Douglas
Terminiello v. Chicago 1949
He went on to strike down the idea of “community standards”, or the “common conscience of the community”. Is there something I am missing?
Sotomayor needs a visit from FIRE.org
http://www.thefire.org/
Report thisBy Richard Puckett, October 10, 2010 at 2:59 pm Link to this comment
(Unregistered commenter)
If the Supremes back this church(?) they will have opened a whole new can of worms. They will have said that hate speach is perfectly legal, and you can say anything at anytime about anyone
Report thisBy The Prisoner, October 10, 2010 at 2:09 pm Link to this comment
(Unregistered commenter)
What about slander and libel as a challenge to these free speech abusers, who simply want to spread their message of hatred?
Report thisBy john crandell, October 10, 2010 at 1:29 pm Link to this comment
After all, isn’t his ultimate aim the instigating of a chrystalnacht against the people he most obsesses over?
Report thisBy john crandell, October 10, 2010 at 1:23 pm Link to this comment
“an excellent peace time use for Napalm.”
YES!
After listening to an NPR report on Phelps and company one morning this past
week I thought to myself: “Why hasn’t anybody in this nation blown that shit-
head away?”
There are consequences for all of us and whatever choice we make, as mature
individuals, we ought to willingly commit ourselves to suffer or deal with
whatever result. Phelps and cohorts have been getting away, scot free.
Free speech? How about consequences????? Doesn’t Phelps represent an
Report thisextreme threat lurking beneath the surface, coast to coast?
By FiftyGigs, October 10, 2010 at 7:29 am Link to this comment
“The young soldier, at the crux of this debate, chose a higher ideal to make his life in some way a testament to the preservation of our way of life.”
Soldiers do not sign on for the political argument of specific war.
Instead, they commit themselves to national service of the highest order. They freely offer their lives to protect YOU because of reasons YOU affirm in a political process, and they commit themselves to performing their duty with impeccable regard for honor.
That’s what we Americans admire in these young men and women, because most of them do adhere strictly to that creed.
Think about it. Think about it long and hard. Especially those of you who would sit out the election.
You think the war is immoral? Fine. These soldiers are putting their trust in you, just as they put their trust in Bush and Cheney. Order them home, and they’ll come home. Order them to die, and they’ll die. Either way, they’ll never give up.
Will you?
The Westboro bunch are, in their own terms, the minions of Satan, who has fooled them into seeing him as god, twisting wrong into right. They are loveless, and that’s what so sad about them.
Report thisBy Malcontent, October 9, 2010 at 9:19 pm Link to this comment
By Mike789, October 8 at 10:44 am
“The young soldier, at the crux of this debate, chose a higher ideal to make his life in some way a testiment to the preservation of our way of life. He did not debate the inherent goodness or badness of our societal character. He rather chose to defend its goodness. His legacy should be honored without exemption.”
Is it just me, or was the war started almost ten years ago? How long is the average recruitment? Doesn’t everybody who joins now, know they are part of an illegal, imperial occupation? Or are they willfully ignorant?
As for this soldier, how is he preserving our way of life? “He did not debate the inherent goodness or badness of our societal character.” Why not? He just went off to blindly kill in “support” of it? Why didn’t he debate the inherent goodness or badness of the invasion he was supporting?
Just curious. Tried to ask my nephew the same questions, but the x-tian cult he joined killed his ability to reason, or even come up with coherent reasons for his actions. Now he’s a terrorist too.
Is it still ethical or desirable to “support our troops”?
Report thisBy firefly, October 9, 2010 at 12:19 pm Link to this comment
The problem here is that this country is now so
Report thisgoverned by laws and rules. People shouldn’t need
legislation to know the difference between appropriate
and decent behavior. Basic kindness and consideration
shouldn’t have to be enforced. Why are people so
insensitive to the feelings of others in this country?
By drbhelthi, October 9, 2010 at 10:11 am Link to this comment
Correction.
The U.S. Constitution is a legal document that
establishes legal procedure for the United States of
America. “Leadership,” NOT the U.S. Constitution,
stole indigenous folk of Africa back then, forcing
them into slavery in the USA. Similar to the manner
previously applied by Spain, subsequently the
French, English and Germans, overtaking the North
and South American continents, genociding and
“christianizing” the indigenous folk. Similar to the
manner in which “political leadership” of the U.S,
currently violates the U.S. Constitution. Attacking
and genociding indigenous folk of Iraq, Afghanistan,
Pakistan and secretively other countries, violates
the U.S. Constitution.
Hundreds of “John Doe” are buried daily in the USA
without a funeral. An occasional few, much more
gallant than any 22-yr old, US soldier who got
sucked into an artificial “war on terror.” Today´s
military funerals are designed as propaganda events
for the artificial “war on terror,” enhanced by
media, bribed and suppressed into supporting such
propaganda. Satanists in political leadership roles,
hiding behind the cross of Christ, some, foreigners
claiming to be born Americans.
From my viewpoint, all soldiers who die currently
are similar to Pat Tillman. They do not “give their
lives.” They are murdered by CIA/Blackwater
mercenaries within their ranks, keeping death-rates
constant for propaganda purposes, occasionally by
indigenous soldiers defending their homeland against
illegal invaders: the U.S. military. All for the
benefit of the few who are manipulating the finances
of the world, who created the artificial “war on
terror,” plus the current repetition of the
depression of the 1920s.
For example, Georg H. Scherff Jr., of Derlitzsch,
Report thisGermany, fifty-two kilometres southeast of Leipzig,
Germany. Who, has lived under a pseudonym for more
than sixty years, and who will never be permitted to
reveal his name and birthplace. Who, has hidden
behind the cross of Christ, for how many years?
Whose spirit will depart with none of his billions
of stolen U.S. dollars when assigned to Hades, in a
couple of years, if not sooner. Sad, Georgi. What
great good you could have done for mankind, had
you followed your Mamma, and not NAZIism.
By robert puglia, October 9, 2010 at 8:54 am Link to this comment
(Unregistered commenter)
the “poem” intended to scandalize the late soldier and
Report thishis parents is more illustrative of phelps and his
parents.
the salient issue of the phelps case is mental illness.
By moose12, October 9, 2010 at 6:14 am Link to this comment
Yes, we have the right to free speech. However, at a funeral where grieving families are gathered, it is not the right time. These families have suffered enough without people taunting them in the time of grief. Whatever happened to respect for our soldiers? Those that do this, do not deserve respect themselves. If they are so-called “religious people” they should be praying for our soldiers, not mocking their existence. Shame on them.
Report thisBy tedmurphy41, October 9, 2010 at 5:43 am Link to this comment
Are we referring to the same Constitution that denied coloured people the rights enjoyed by white people, especially in the deep South, for decades until the civil rights movement rectified some of the injustices?
Report thisIt would appear that the Constitution is what you want it to mean, which means that it is open to interpretation by the individual reading it; it is not specific nor absolute, therefore, it can be manipulated to suit the reader’s needs.
Perhaps you need to look again at this Constitution and, perhaps, bring it more into keeping with the needs of the 21st.Century.
By drbhelthi, October 9, 2010 at 1:21 am Link to this comment
To me, the first paragraph of this article is as
presumptuously ignorant as the demonstrators
pictured. The judgmental basis of the author´s
ideation is the element that has been manipulated by
the CIA/Zionists to quicken the dissolution of the
U.S.A.::: inside fighting.
Normally, the U.S. Constitution is praised for the
free speech that it supports. More recently, it is
vilified for various reasons, by those who wish to
destroy the U.S.A., by indirectly and directly
attacking the freedom it supports, as being
“distasteful”.
The moral code of Americans began the downward slide
when the power-crazy NAZI-types in U.S. Government
violated U.S. Code by sneaking 200 German scientists
into the U.S. at the end of WWII. Werner von Braum
deserved a place with his colleagues in the
Nuremburg Trials, for the deaths of 2,000 polish-
slave-laborers in his rocket works, not hero status
in the U.S. of A. It is shameful to Americans to
display NAZI V-type rockets as they are currently
disiplayed in Huntsville, Alabama. American
dumbidity.
“Operation Paper Clip” and subsequent repetitions,
1945-1948, under different “operational tags” that
snuck over two thousand NAZI-types into the US,
while SS NAZI general Gehlin transformed the OSS
into the CIA. The “rogue gone wild” history of the
CIA has been repeatedly documented. More recently
worsened by its subordinate, Blackwater/Ex and the
thousands of destructive mercenaries released on the
independent countries of the “Near East,” they are
funded separately by “deaf and blind” members of
the U.S. Congress. Perhaps stupefied by bribery.
Does the “World Court” send Christmas Cards to Georg
“Bush” Sr. instead of summons ?
Just as an elderly man, who is emotionally fixated
in post-puberty, who publishes a sex magazine, can
project his personal imagery of an incestual
relationship with his mother, onto a “religious
leader” in an outhouse, so may persons of various
religious beliefs demonstrate their belief that the
United States of America is being punished by “God”
or the “Creator” for having strayed from the
teachings of “God.” Perhaps the later more so,
since sexual imagery is strictly imagery, until
carried out. There is evidence that “America” is
indeed “being punished,” reference Hebrew and more
recent theological literature.
Reference said literature, neither writers of
articles nor the religious folk who demonstrate
against war, decide who is sent to “Hell”. To
maintain that mothers raise their children for
Satan, or to be struck down by “God” is more
ignorantly-sophomoric than idiosyncratic. Classify
it as just double-dumb.
Doerlitzsch (Derlitzsch), Scherff family home, 52 Km
Report thisSE of Leipzig, is back on the map.
By Ron Ellison, October 8, 2010 at 8:14 pm Link to this comment
(Unregistered commenter)
Why is coverage given to someone with a psychiatric
Report thisdisorder responding to a funeral, but no visual coverage is ever broadcast showing the funerals
themselves? Is this another way of distracting
citiizens from the real issue, which is that freedom
of the press has been greatly diminished during these
unlawful invasions?
The pro-war propaganda spinners learned from the empathy-inducing footage of flag-shrouded coffins during the Viet Nam Conflict and have skillfully suppressed media coverage that reminds the public that real American lives are being lost.
As a way of diverting our attention from the lack of
free press coverage of the casualties, corporate-controlled, pro-war broadcast agencies have once again focused on the marginal extremists as if they
were somehow a root cause of the funerals because they rub salt into the wounds of the bereaved. There would be no funerals of American service personnel who courageously sacrificed their lives if
there were no corporate-sponsored war of greed and hedgemony conscripting them.
By Big B, October 8, 2010 at 7:05 pm Link to this comment
Lets not drag god or Jesus, or any other fictional charactors into this.
Free speech was a gift given by man to himself. Important people have always had free speech, while the rest of us have to fight for our right to bitch about the gas bill.
Yes you can shout “fire” in a movie theater, but for the most part, only an american would do it intentionally. Our sense of community is becoming non-existent. How sad for us.
Report thisBy firefly, October 8, 2010 at 5:54 pm Link to this comment
berniem,
True!
Report thisBy firefly, October 8, 2010 at 5:52 pm Link to this comment
Great comment FiftyGigs,
I completely agree. Why don’t civilized people have the
Report thisright anymore to hear civility? We are constantly
bombarded with foul rhetoric and and malicious smears
for political gain. I don’t see how anyone does gain by
it.
By berniem, October 8, 2010 at 5:48 pm Link to this comment
Face it! Organized religion, AKA mind control, is corrosive, violent, misogynistic, and delusional! From whacko baptists to trigger happy budhists to ridiculously attired catholics to schizoid semites the absurdity of it all never ends! More crimes against humanity have been perpetrated in the name of the mythological diety, et al, than all of the half-baked economic theories ever concocted. Religion is not the opiate of man; it is the hemlock!
Report thisBy firefly, October 8, 2010 at 5:43 pm Link to this comment
There’s a fundamental disconnect in the heads of people
like Rev. Phelps. To people like him, the 1st amendment
means giving up civilized behavior, being rude,
obnoxious and insulting. They cannot see the difference
between their first Amendment right to free speech, and
basic common decency, civility, thoughtfulness and good
manners.
I’d say that these people have given up basic humanity
Report thisfor the right to speak poison.
By vicente carranza, October 8, 2010 at 4:11 pm Link to this comment
I have been on a Spiritual Journey since March 17, 1974. When I was young I wanted to be a Catholic Priest. But then I discover sex. Later I tried to be a deacon but my public reputation stop me. Much later I finish two years of a four year degree to be a Minister. I got kick out of the program. In general let me share with you a couple of things and you can take this to the bank. The number one enemy of a Christian is another Christian. Today’s religion is the number one obstacle in getting close to God. Religion today is diametrically appose to spirituality. So people like the Rev. Fred Phelps and the like will alway be with us from now on and they are right in what they believe in. And if you are a ‘true’ believe then YOU who oppose him are WRONG. I hope you understand. If you do you will get the true meaning. God Bless. tlamatini-vicente
Report thisBy Amusunoon, October 8, 2010 at 3:25 pm Link to this comment
As a proponent of Free speech and an opponent of war I find the group, (who’s name should never be mentioned) are , beside being repulsive for what they are doing to the grieving families, are trying to undermine or raise opposition to the first amendment and bring down legitimate opposition to war. We know who they are. Give them no publicity never speak their name. Shun them like the excrement that they are.
Report thisBy anaman51, October 8, 2010 at 11:31 am Link to this comment
Every time I think about that scumbag Phelps and his churchful of haters, I also think “Here is an excellent peacetime use for Napalm.”
Report thisBy RayLan, October 8, 2010 at 10:51 am Link to this comment
bachu
Report this“He is holding a mirror to the American society and they don’t like what they are seeing”
Who the hell is he to be holding up a mirror to society- he should look in one first - since that was the advice of Jesus Himself-
His twisted explanation that the death of soldiers is linked to homosexuality is an un-biblical hateful perversion.
By Mike789, October 8, 2010 at 6:44 am Link to this comment
From the onset of one’s life, every one of us assumes, at least subliminally, no matter if we succeed or fail in life’s challenges, that a burial with dignity will be afforded to us. I would say it’s almost archetypal.
We cringe at the sight of mass burials. We are aghast at seeing corpses unattended. The cry of Antigone haunts every notion that precludes a decent internment.
I usually do not bible thump, but here it’ just too blatant to ignore. To conflate the contemporary with the eternal, and condemn in finality civilization as hopeless, speaks to something outside of Christianity. Usurpation of God’s judgement is nothing less than taking the name of God in vain.
I’m not so naive to assume that this life ought to be without pain. I do make a provision that assumes my fellow man would not deliberately compound that pain when I had not directly harmed him.
There ought to be established, akin the the notion of privacy, a provision wherein a certain degree of civility in the public forum may be assumed. If not, the attrition toward barbarity is not forestalled.
The young soldier, at the crux of this debate, chose a higher ideal to make his life in some way a testiment to the preservation of our way of life. He did not debate the inherent goodness or badness of our societal character. He rather chose to defend its goodness. His legacy should be honored without exemption.
Report thisBy SarcastiCanuck, October 8, 2010 at 5:56 am Link to this comment
(Unregistered commenter)
Ruth,beyond the first amendment debate which will rage as long as the Constitution stands,I would love if you explored this event a bit deeper.It is obvious why the Snyders are so upset.Thier son gave his life valiantly for a cause that is being scrutinized more and more on a daily basis and then to have his memory sullied by apparently upright God worshipping people adds the final insult to thier injury.What I want to know is why are people so angry these days that they are willing to defame a brave,dutiful,sincere young patriot who paid the ultimate price.To make this event even more bizarre,the perpetrators are allegedly upstanding Christians with a strong moral compass.
Report thisWhat I want to really know is why are these people and so many more of us becoming so hateful these days.Is it the marginalization of society,the loss of our morals,the government,corporate America???What???We have become a polarized,angry,disrespectful and overtly callous society.What are we evolving into and how did we get this way?
By FiftyGigs, October 8, 2010 at 4:58 am Link to this comment
The right to free speech does not carry an obligation for it to be heard. It also doesn’t obviate the need to speak responsibly.
Sotomayor is considering the long-neglected perspective of those of us who do not want to be forced to deal with crap. Because some lunatic wants to wave a picture of a dead fetus in my face, *I* have to deal with it when I choose to exercise my freedom to go shopping?
What about MY right to my life lived the way I want to live it? What about MY right to bury my child with the ceremony I want?
I’m surprised conservatives aren’t cheering Sotomayor for not taking the “big government” view.
Report thisBy ardee, October 8, 2010 at 2:36 am Link to this comment
rico, suave, October 7 at 8:56 pm Link to this comment
Anarcissie:
The Sotomayor danger is that she might elide any generalized “harrassment” into a personalized one, declare feelings hurt all around, and shut down the speech, merely because someone got their feelings hurt.
Now this seems to be a perfect imitation of Tea Party-like exaggeration over a one line sentence.
Thanks to Anarcissie for further weakening Rico’s knee jerk position.
Report thisBy mrfreeze, October 7, 2010 at 11:00 pm Link to this comment
I will defend the Snyders of the world when ALL language is allowed on the public airwaves (TV and Radio). If freedom of speech cannot be abridged for the Snyders of the world, why can’t we hear curse words on TV or see Janet Jackson’s tit?
Someone on this thread asked: “If we restrict the Snyders, where will the censorship end?” Well, perhaps a lot of you haven’t been paying attention, but there’s plenty of “forbidden” speech in this land of the free and home of the brave.
Report thisBy Kansas, etc., October 7, 2010 at 10:24 pm Link to this comment
(Unregistered commenter)
Based on the facts stated in this article (assuming they are true in all material respects), then time-place-manner restrictions should be sufficient to protect the funerals of our servicemen and women from being disrupted by protest marches; brand-new content restrictions that don’t fall under fighting words, defamation, and so forth, are not necessary.
People seem to be concentrating on the protest itself (which seemed to involve “generic” messages about a matter of public concern), when to me the so-called “epic” that was posted on the Internet attacking the father of our fallen soldier personally and directly is what should give rise to a tort.
Holding up a sign, “Pray For More Dead Soldiers” in a public forum far enough away from a funeral so that no one in the funeral can possibly see what it says is protected speech under the First Amendment, as long as all reasonable time-place-manner restricts were obeyed.
But what about the Internet harassment that was directed at this family personally and by name? That reminds me a lot of the posting of the video of the gay student who later killed himself because of it. The cases are not the same, of course, but when a medium like this, that has global reach, is used deliberately to harass and intimidate a specific bereaved person, it’s not clear to me that the speech should be protected. How does the pure and direct harassment of a private person fall under the First Amendment? It has nothing more to do with the First Amendment than do sexual harassment, violation of privacy, fighting words, conspiracy, or defamation. Making it seem like it’s about “the war” or “religion” is just a smokescreen. You may as well say that your religion compels you to point out as sinful bare arms, knees, and cleavage in your federal workplace and expect to keep your job.
If they decide to carve out a new exception to the First Amendment based on the contenct of speech in the vicinity of a funeral, I don’t see how that will solve the problem. All that does is ignore the potential of the Internet to stalk a person from anywhere on the globe. This makes the victim of the stalking utterly helpless to avoid the message. There is nowhere they can go to hide from it, other than to be deprived of using the Internet. We are so enamored of the new technologies that no one is looking at the very deep harm they can do. No one wants to deal with that. When it comes to the Internet, time-place-manner is becoming obsolete.
Don’t look now, but mob rule pushing everyone to conform so that they don’t get harassed on this global forum is becoming the norm.
Maybe there is too much money at stake to deal with the real problem?
Report thisBy severed2009, October 7, 2010 at 9:28 pm Link to this comment
The views of the Westboro Baptists should be discussed, which is what they
want. They believe that the Bible is the inerrant word of God, and take it
literally. Everyone who takes the Bible literally rather than interpreting it must
agree on what it says; disagreements mean that at least one of the parties is
interpreting and not taking literally.
But in fact there are many disagreements among people who all claim to take
the Bible literally; Westboro is an extreme example of a problem that is well
nigh universal but remains unmentioned—the real elephant in this room. We
have no way to decide which of us are interpreting instead of remaining faithful
to the Bible’s literal meaning, and without such a way of deciding, taking the
Bible literally gives us nothing but strife.
Any Christian groups that take the Bible literally should be asked about what is
Report thisgoing on when Westboro takes the Bible literally and arrives at different results,
until they give an answer that makes sense. How can an article of faith be true
that leads to such ugly results.
By Anarcissie, October 7, 2010 at 8:55 pm Link to this comment
I think rico, suave is concerned about legal attacks on free speech. People have been using nasty language for quite a while now.
I believe Sotomayor was merely observing that it is sometimes very difficult to draw a line between the right of free speech and the right of privacy—the right to be free of speech, if you’re minding your own business.
Report thisBy bachu, October 7, 2010 at 8:18 pm Link to this comment
(Unregistered commenter)
There is nothing hateful or vile about the message Phelps is preaching. He is holding a mirror to the American society and they don’t like what they are seeing. Fred has every right to preach the gospel and he surely is not blocking or disrupting a meaningless ritual.
Report thisBy gerard, October 7, 2010 at 8:01 pm Link to this comment
Freedom of speech entails personal restraint, and that is understood more or less implicently by most of the people most of the time. Trouble comes from decades of insensitive speech—insult, lies, calumny, defamation and profanity promoted by media and made chic by a nation of adolescents letting off steam in ways that seem offensive and idiotic to many people from more restrictive cultures. We have to take the bad with the good regarding freedom, but we also need to keep in mind that excess pushes our inter-personal relationships toward mutual pain and away from felicity. Democracy requires self-discipline to prevent it from becoming either a prison or an insane asylum.
Report thisBy Maani, October 7, 2010 at 7:37 pm Link to this comment
Aaron:
Thank you for your post. It is too bad so many Christians do not even know their own Bible. I would add three Scriptural passages here:
“Judge not, for with what measure ye judge, ye too shall be judged.”
“Let him who is without sin cast the first stone.”
“Take the log out of your own eye before you take the splinter out of anothers’.”
Or, perhaps a more secular phrase: People in glass houses should not throw stones.
Sadly, these self-proclaimed Christians would not know Jesus if He bit them on the ear…
Peace.
Report thisBy RayLan, October 7, 2010 at 7:19 pm Link to this comment
Unfortunately there is a price to be paid for free speech - letting corrupt hateful fanatics spew their hatred in the name of God - God is Love - apparently these very stupid self-motivated freaks haven’t read the Epistles of John - “He who says he loves God and hates his neighbor is a liar.”
Report thisBy tropicgirl, October 7, 2010 at 6:04 pm Link to this comment
Ruth—
Has it occurred to you that certain elements in our own
extended “government” might be using these people for a
very useful purpose? There is nothing, and I say,
NOTHING, that this group of Kissinger opportunists
would not use, abuse, originate, instigate, insinuate,
or emulate (falsely) in order to stifle free speech?
Like I always say, gullible or complicit, Ruth.
Report thisBy rico, suave, October 7, 2010 at 4:56 pm Link to this comment
Anarcissie:
The Sotomayor danger is that she might elide any generalized “harrassment” into a personalized one, declare feelings hurt all around, and shut down the speech, merely because someone got their feelings hurt.
Report thisBy doublestandards/glasshouses, October 7, 2010 at 4:11 pm Link to this comment
(Unregistered commenter)
I think a case could be made that a church where a funeral is being held for a family member is an extension of that family’s home, in which case the right to freedom of speech would not have to be honored.
Report thisApparently rico, sauve believes that Jews should be required to accept Nazis into their homes to exercise their freedom of hate speech.
By Anarcissie, October 7, 2010 at 3:46 pm Link to this comment
rico, suave—It’s generally held that free speech does not include personal harassment. Even Douglas agreed.
Report thisBy rico, suave, October 7, 2010 at 3:05 pm Link to this comment
added Justice Sonia Sotomayor. “But what’s the line between doing that and then personalizing it and creating hardship to an individual?”
This is worrisome. Sonia is concerned about hurting someone’s feelings and thinks this should matter in a free speech case. We do NOT need more of this kind of thinking from the SCOTUS.
Report thisBy Aaron Ortiz, October 7, 2010 at 2:00 pm Link to this comment
Their venomous hatred is not justified by Jesus’s life, teaching, nor those of the apostles. Jesus taught to love our enemies and to do good to them, to pray for them, and to defeat evil with good.
They are soiling Jesus’s name by claiming to represent him. They are completely ignoring the New Testament teaching of grace, found even in verses so clichéd as John 3:16: “For God so loved the world that he gave his one an only son so that whosoever believes in him would not perish but have eternal life.”
There is no exception or exclusion of anyone in that statement, no matter their sins, real or imaginary.
There is no verse in the Bible that says that God hates sinners, in fact the Bible teaches the opposite: he loves sinners, but hates sin.
How can they expect to convince anyone with insults and hate? They say that God “hates” gays. Absolutely wrong.
I can love a drug addict and hate the drug that destroys him or her…that is an analogy for God’s biblical “hatred” of sin. The drug is not evil in itself, it becomes evil when abused. That is also true of many sins. The act is often not sinful in itself, but becomes evil when done the wrong way or for the wrong reasons.
Report thisBy gerard, October 7, 2010 at 1:46 pm Link to this comment
If it is legal to keep protesters so far away from G20 meetings that their message cannot be seen or heard, how come it isn’t legal to keep miserable mean-spirited people like Phelps away from soldiers’ funerals?
Report thisAnd for that matter, where was the conscience of the Court when they made it legal for corporate millions to buy American elections—all under the deceiving mantra that corporations are “persons” of course?
By ardee, October 7, 2010 at 1:20 pm Link to this comment
As nasty and senseless as are the comments of Phelps and his followers we must stand firmly for his right to publicly state those offensive sentiments. For if we do not then our own right to speak may be next in line to be curtailed.
Report thisBy G.D.Wymer, October 7, 2010 at 1:05 pm Link to this comment
(Unregistered commenter)
Ms. Marcus, how can you compare the person of Snyder to the public
personage of Falwell? It is simply not the same. It has been reported that the
father of the deceased was not aware of this “protest” until it had been on
television. One must then ask, what was the news value of this? There is none.
It is quite a stretch to see the Phelps’s ignorance and repulsiveness as a political
perspective that can be protected under any kind of rule of law in a secular
republic. Their views are not political, they are religious, parochial and have
nothing to do with the political, unless of course we have decided that we now
live in a theocracy.
If the Snyders cannot be protected, then perhaps the press should be help
culpable in cases like this. What was the benefit to anyone in the polity, in
society with the ) especially provoking) televised news spot on this funeral? In
what substantive manner was free speech abridged with regard to public
opinion in this instance of vicious, personal assault?
Ms. Marcus, is it any wonder why so many of us can no longer respect the
Report thisintellectual integrity of the writers in the press, when you think that something
like this is such a “complex” issue regarding a rather simple-minded view of
what freedom of speech really means?