(USA Today) Supreme Court justices expressed empathy Wednesday for a father whose Marine Corps son was killed in Iraq and whose funeral was protested by fundamentalist pastor Fred Phelps and his followers. "This is a case about exploiting a private family's grief," Justice Ruth Bader Ginsburg said. Yet the scope of the justices' questions during the hour-long session revealed the difficulty of the case and the reality that the court's previous rulings on free speech make it hard for individuals to claim they have been harmed by even horrific statements regarding public issues. The justices are struggling over how to avoid a decision that encroaches on valid but sometimes distasteful protest messages.
Wednesday's case arose after Matthew Snyder, a Marine Corps lance corporal, who was killed in Iraq in 2006. Fred Phelps and members of the Westboro Baptist Church--who comb media reports nationwide for news of military funerals--saw that Matthew would be memorialized in Westminister, MD. They protested near the Catholic church with signs that read, "Thank God for Dead Soldiers," "Fag Troops" and "Pope in Hell." The Westboro congregation is made up plainly of Phelp's relatives. They preach that God hates homosexuals and protest what they say is national tolerance for homosexuality, particularly under the military's "don't ask, don't tell" policy. Snyder wasn't a homosexual. Westboro members separately posted on the Web a video "epic" about their protests titled "The Burden of Marine Lance Cpl. Matthew Synder." The video indicated Albert Snyder and his ex-wife had "taught Matthew to defy his creator" and "raised him for the devil." Snyder sued for damages based on the emotional distress Phelps and his followers caused him and won $5 million in a jury verdict. The trial judge said Snyder was not a "public figure," which diminished the free speech protections for Phelps and his followers.
The U.S. Court of Appeals for the 4th Circuit reversed the verdict, saying the question was not the private or public status of Snyder but rather the "type" of speech at issue. "As utterly distasteful as these signs are," the 4th Circuit said, "they involve matters of public concern, including the issue of homosexuals in the military, the sex-abuse scandal within the Catholic Church and the political and moral conduct of the United States and its citizens." In his appeal last Wednesday, Snyder's lawyer, Sean Sumers, said, "Mr. Snyder simply wanted to bury his son in a private, dignified manner." Sumers said demonstrators didn't go on church grounds and didn't violate any local statutes, yet argued that they canot claim the usual First Amendment protections for free speech because of the "private, targeted nature" of their harsh words against Snyder. Justice Steven Breyer drew out from Sumners that Snyder had not seen the offensive signs until after the funeral on a television report. Summers urged the justices not to rely fully on a 1988 case, Hustler Magazine vs. Falwell, that said public figures and public officials may not recover damages for intentional infliction of emotional distress unless they prove the statement was deliberately false--a high standard to meet. The 1988 case involved Hustler magazine's parody of Jerry Falwell, a nationally known fundamentalist preacher at the time, that suggested he lost his virginity to his mother in an outhouse. The court said the parody was not intended to assert the truth. Summers said Snyder is not a public figure, as Falwell was.
Justice Kagan picked up on the Falwell precedent, nothing the court had warned against jurors being allowed to impose liability based on their subjective views of "outrageousness." Summers responded that the context of a funeral should matter and separate it from Falwell. Lawyer Margie Phelps represented her father and his Westboro followers. She said their protest met all the rules set by prior court decisions. Phelps repeatedly referred to Westboro as "a little church" intent on preaching its message, which she characterized as, "Nation, hear this little church. If you want them to stop dying, stop sinning." Phelps insisted that any protesters who want to track down military families would be shielded by the First Amendment. She said that only if their activity rose to the level of "stalking, following, importuning" would an individual have a possible claim. She told the justices that Albert Snyder's public comments about his son's death turned him into a public figure--a point that drew skepticism from many of the justices, including Samuel Alito. Alito expressed doubts that bereaved family members could be turned into "public figures" by proding obituary information to a newspaper or expressing pride in a son's service. Justice Kennedy said he wanted help "in finding some line" between speech that merits protection and speech that does not.
Wednesday's case is one of the most closely watched of the term. The courtroom was filled, and spectators spilled into special seats set up in the alcoves. Outside, a handful of Fred Phelps' followers carried signs with messages such as "God Hates You." Groups that are backing Snyder include the Veterans of Foreign Wars and 48 states, stressed the need to protect the privacy of grieving military families. A ruling in the cause of Snyder v. Phelps is likely before next summer when the court recesses.
The first point I desire to make is that God hates sin; not the sinner. Secondly, it's very foolish for Fred Phelps and his followers to be protesting at military funerals of soldiers; period. On top of that, Snyder wasn't homosexual. The Westboro Baptist Church members made fools of themselves going near the church to protest. The military's policy of "don't ask, don't tell" wasn't of Snyder's doing. That was the responsibility of the military brass. Instead of protesting where Snyder's funeral was held, why didn't they go to Washington, D.C. and protest at the Capitol and the Pentagon? That would be the appropriate place for Westboro Baptist to protest. It was wrong for Westboro Baptist to be protesting where Snyder's funeral was held. It was very thoughtless. Christians are to stand up against sin. But it's very insensitive and distasteful to be carrying those signs at a soldier's funeral. Congress is the place to protest. I don't believe Snyder was killed because of the Pentagon's policy of "don't ask, don't tell." I don't believe God was judging Snyder because of the military's policy on homosexuals serving in the military. Don't blame our soldiers for the policies of the military brass. From what little I read about the situation, Westboro Baptist didn't violate the First Amendment when it comes to free speech rights. However, it was very insensitive and distasteful for Westboro to do such a thing. The church's primary mission is to reach the sinners with the gospel; not necessarily to carry signs in hand to protest. The Bible says Christians are to stand against sin. I recognize that. I'm not opposed to churches protesting when there's a cause. Prudence must be exercised if a church believes there's a need to protest. However, there's a time and place to protest. It's foolish and disheartening to be protesting near the funeral of dead soldiers. Their families are suffering grief. They don't need to bear the brunt of somebody's foolishness. The soldiers aren't responsible for the military's policy on homosexuality. If you are a church and you want to protest against the military's policy concerning "don't ask, don't tell", then take your members to Washington to protest. Congress and the Pentagon are the ones responsible for the military's policy on homosexuality. Former president Bill Clinton was the one that pushed to end the military's ban on homosexuals serving in the military in 1993. Clinton and his minions during the 1990's were responsible for the "don't ask, don't tell" policy in the military. Within the last two years Congress has been pushing to end the "don't, ask, don't tell" ban on homosexuals serving openly in the military. Why doesn't Westboro Baptist Church go to Capitol Hill to protest against Congress's latest attempt to normalize the homosexual lifestyle in the military? I have a message for Westboro Baptist Church or any other church or religious organization: LEAVE THE GRIEVING MILITARY FAMILIES ALONE!
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