By Elizabeth Tenety
The Supreme Court heard arguments Wednesday in the case of Snyder v. Phelphs: Albert Snyder, a grieving father whose Marine son was killed in Iraq v. Fred Phelphs’ Westboro Baptist Church, whose members protested Snyder’s son’s funeral.
Westboro’s congregants believe that “tolerance of homosexuality has drawn God’s condemnation,” and hold signs like “THANK GOD FOR DEAD SOLDIERS” at memorial services for fallen servicemembers.
From Post reporter Robert Barnes’ article on the case:
Roy T. Englert Jr., a frequent Supreme Court practitioner not involved in the case, said there are really only two possibilities for the court.
“Either the court is going to make some new First Amendment law that says funerals are different, which certainly would be a popular position,” Englert said. “Or the court is going to say, ‘Let’s take the most obnoxious speech in America today, and let’s reaffirm that even obnoxious speech is protected.’
What will Westboro’s explanation be if God (the Supreme Court) rules against them?
In another recent case of religious hate vs. free speech, Florida Pastor Terry Jones threatened to burn copies of the Qur’an on 9/11, a provacation that not only elicited international outrage, but was considered by experts to be a national security threat.
Should concerns about national security override the Jones’ right to free speech? Supreme Court Justice Stephen Breyer said in an interview with George Stephanopoulos that he is “not prepared to conclude that — in the internet age — the First Amendment condones Koran burning.”
From the interview:
“Holmes said it doesn’t mean you can shout ‘fire’ in a crowded theater,” Breyer said. Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”
How worried are you about modifications to the First Amendment? Would you prefer that the Supreme Court ruled on the side of the religiously obnoxious and the offensive?
Or do you agree with Snyder, that protecting the rights of Westboro Baptist Church “is an insult to every American who has died for the freedom of speech“?
WEDNESDAY UPDATE AFTER THE HEARING:
From an AP report:
“WASHINGTON — Supreme Court justices seemed to struggle with the question of whether the father of a dead Marine should win his lawsuit against fundamentalist church members who picketed his son’s funeral.
Justice Ruth Bader Ginsburg said the question is whether the First Amendment must tolerate ‘exploiting this bereaved family.'”
What is your take? Should the First Amendment tolerate “exploiting” families of fallen service members?
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More coverage of Westboro case:
Funeral-protest case at Supreme Court draws demonstrators
Bikers protest Westboro Baptist demonstrators at Arlington burial
