SCoTUS rules in favor of Westboro Protesters

[PegLeg45]

Not that this is a big surprise, but since we had a half-dozen or more posts on these sad-asses with nothing better to do than harass decent folk, I figured I post an update.

http://news.yahoo.com/s/ap/20110302/ap_on_re_us/us_supreme_court_funeral_protests

1st Amendment protects military funeral protesters

WASHINGTON – The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount anti-gay protests outside military funerals, despite the pain they cause grieving families.

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 opinion for the court. Justice Samuel Alito dissented.

Roberts said free speech rights in the First Amendment shield the funeral protesters, noting that they obeyed police directions and were 1,000 feet from the church.

"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. On the facts before us, we cannot react to that pain by punishing the speaker," Roberts said. "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.

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more at link above

[JC5123]

As much as I hate to agree with Roberts on this. Their speech, while hateful and vitriolic, is not putting anyone in immediate danger. (i.e. Yelling fire in a theater)

Remember that the first amendment is not there to protect the speech you agree with, but to protect the speech that to are against. I would still like to see more people condemning the actions of these clowns. 

[PegLeg45]

As much as I hate to agree with Roberts on this. Their speech, while hateful and vitriolic, is not putting anyone in immediate danger. (i.e. Yelling fire in a theater)

Remember that the first amendment is not there to protect the speech you agree with, but to protect the speech that to are against. I would still like to see more people condemning the actions of these clowns. 

Agree 100%....which is why I wasn't really surprised. I guess the big surprise was the fact that it wasn't unanimous.

[TAB]

It was the right ruling.


You know my feeling on this, they have the right to protest with in a reasonable range, but the cops should be magicly looking the wrong way if they happen to get thier ass kicked...

[wtr100]

issue the honor guard live ammo and aim the '3 volleys of musketry' in the right direction, followed by a bayonet charge!

 

[Sponsor]

[MikeBjerum]

I disagree with the ruling!

These people are protesting a military and government policy.  However, they directing their protest at a grieving family and community.  If they want to protest the homosexuals in the military issues they can go to the Pentagon or any enlistment center and do it, but to do it at the place where a grieving family is gathered to remember a life lost in a violent and tragic manor and to disrupt that service is infringing on their Rights to gather and exercise their religious beliefs.

Myself, as a Patriot Guard member I will stand silently and shield a family while not confronting or acknowledging the protesters.  But if they disturb a service for a close friend or relative while I am in the mourners group, I will make sure they know and remember I was there and exercised my right to express myself.

[Ichiban]

It was the right ruling.


You know my feeling on this, they have the right to protest with in a reasonable range, but the cops should be magicly looking the wrong way if they happen to get thier ass kicked...

Just what is the range for a .50 BMG?

[TAB]

thats not far enough...

[ratcatcher55]

It was the right ruling.


You know my feeling on this, they have the right to protest with in a reasonable range, but the cops should be magicly looking the wrong way if they happen to get thier ass kicked...

+1

[Solus]

The problem is that evidence seems to indicate that the goal of this group is not to express their beliefs but to incite a reaction from grieving relatives of those at whose funerals they do their protest.

This is not an expression of free speech but and incitement to violence. 

I know that it would not be likely that that would be proven in court, but that is, in any case, what is going on here.