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First Amendment upheld 8-1

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  • First Amendment upheld 8-1

    I could have picked dozens of news sources but I went with Fox News because Asher's blood pressure probably isn't high enough. Strangely enough, their story seemed to be pretty accurate.


    The Supreme Court, in an 8-1 decision, ruled Wednesday that members of the renegade Westboro Baptist Church have a constitutionally protected right to protest military funerals, though their demonstrations are widely despised and deplored.

    The case presented the justices with a high-profile question about the breadth of First Amendment speech and assembly protections. A majority of justices ruled that these fundamental rights outweigh the concerns of grieving family members who would rather not deal with the obnoxious protesters from the Kansas church.

    In doing so, the judges upheld a lower-court decision to invalidate a $5 million judgment in favor of the father of a dead Marine whose funeral was targeted by the protesters.

    For years, the Westboro protesters have popped up at places across the country to voice their displeasure with government policies they think promote homosexuality. They did so in 2006 at the funeral for Matthew Snyder, a Marine killed in Iraq. He was not gay and had no connection to the Westboro cause, but the funeral provided the protesters an opportunity to speak out against government policies.

    Father Albert Snyder certainly didn't want anything do with the picketers when he buried his son. "I want them to stop doing this to our military men and women," Snyder told Fox News in October before the arguments. "I want the judges to hear that this case is not about free speech, it's about targeted harassment."

    In the days leading up to the funeral, Westboro parishioners, including leader Fred Phelps, notified local authorities of their intention to picket the service. They were kept 1,000 feet away from the church and because of the use of an alternative entrance for church-goers there was no disruption to the memorial. Seven protesters held numerous signs including some that read, "Thank God for Dead Soldiers;" "God Hates Fags;" and "You're Going to Hell." There were no arrests.

    Snyder filed a lawsuit against Phelps based on the protest and a subsequent post on the Westboro website about his son Matthew.

    A jury awarded Snyder nearly $11 million in damages for the intentional infliction of emotional distress and invasion of privacy. That award was later cut in half and then the Fourth Circuit U.S. Court of Appeals set aside the decision in its entirety, ruling that the protests were absolutely protected by the First Amendment.

    That decision was upheld by the Supreme Court.

    A group of 21 news organizations joined a brief defending Westboro's case. While calling their views "inexplicable and hateful," they expressed concern that a ruling against the church would chill the activities of anyone who wants to speak out on a controversial issue and "threatens to expand dramatically the risk of liability for news media coverage and commentary."

    If there is no sound in space, how come you can hear the lasers?
    ){ :|:& };:

  • #2
    Everyone on this board should be happy with this ruling. It essentially says that there is no exception to the applicability of the first amendment for reasons of asshatery.
    "Just puttin on the foil" - Jeff Hanson

    “In a democracy, I realize you don’t need to talk to the top leader to know how the country feels. When I go to a dictatorship, I only have to talk to one person and that’s the dictator, because he speaks for all the people.” - Jimmy Carter

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    • #3
      Westboro Baptist Church is nothing but a haven for scum. Hopefully someone will first amendment the crap out of them.
      Life is not measured by the number of breaths you take, but by the moments that take your breath away.
      "Hating America is something best left to Mobius. He is an expert Yank hater.
      He also hates Texans and Australians, he does diversify." ~ Braindead

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      • #4
        Originally posted by Ogie Oglethorpe View Post
        Everyone on this board should be happy with this ruling. It essentially says that there is no exception to the applicability of the first amendment for reasons of asshatery.
        I'm happy they're not allowed to bring their filth into my country.

        The extreme whackos who exist only to insult and try to hurt other people are welcome to move to the US to join their brethren, they're not welcome here.
        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
        Ben Kenobi: "That means I'm doing something right. "

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        • #5
          Attention is exactly what they want, Sloww. Ignore them. Sticks and stones, right? Who gives a crap what a bunch of Kansan loonies think?
          If there is no sound in space, how come you can hear the lasers?
          ){ :|:& };:

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          • #6
            When talking to Americans about "free speech" and "right to bear arms", it's just like I'm talking to a Priest about God. "It doesn't need to make sense, you just gotta believe." There's really no point in arguing with them.
            "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
            Ben Kenobi: "That means I'm doing something right. "

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            • #7
              Originally posted by Hauldren Collider View Post
              Attention is exactly what they want, Sloww. Ignore them. Sticks and stones, right? Who gives a crap what a bunch of Kansan loonies think?
              You don't think it's hurtful to people who are trying to have a respectful funeral for their loved ones when you've got those assclowns yelling "GOD HATES FAGS!" or whatever?

              Ignoring them is nice in theory.
              "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
              Ben Kenobi: "That means I'm doing something right. "

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              • #8
                Originally posted by Asher View Post
                You don't think it's hurtful to people
                People are irrelevant
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                • #9
                  Originally posted by Hauldren Collider View Post
                  Attention is exactly what they want, Sloww. Ignore them. Sticks and stones, right? Who gives a crap what a bunch of Kansan loonies think?
                  Ignore them? At a funeral? It's highly inappropriate behavior.
                  Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                  "Hating America is something best left to Mobius. He is an expert Yank hater.
                  He also hates Texans and Australians, he does diversify." ~ Braindead

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                  • #10
                    Yeah, you're not free from government tyranny unless you have the right to denigrate soldiers at their funeral

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                    • #11
                      It's a slippery slope that I don't want to head down. Today they'll say we can't disrupt funerals, tomorrow they'll be putting everybody in gas chambers and ovens. The one inevitably leads to the other.
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                      • #12
                        Originally posted by gribbler View Post
                        Yeah, you're not free from government tyranny unless you have the right to denigrate soldiers at their funeral
                        No doubt you would also support a flag burning amendment.
                        If there is no sound in space, how come you can hear the lasers?
                        ){ :|:& };:

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                        • #13
                          Originally posted by Hauldren Collider View Post
                          No doubt you would also support a flag burning amendment.
                          Because insulting people is morally equivalent to insulting flags?
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                          • #14
                            Originally posted by Hauldren Collider View Post
                            No doubt you would also support a flag burning amendment.
                            Yes, if I think one form of speech is too antisocial I must be against all forms of speech

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                            • #15
                              The interesting thing is the dissenter, who was Justice Alito. He considered this form of speech as "fighting words", and not protected.

                              Personally, I agree with the majority and think the proper response is probably buffer zones.
                              “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                              - John 13:34-35 (NRSV)

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