A funeral is usually a time for peace. A time for closure and a final farewell to a fallen loved one. Military funerals are especially emotional because in many cases, the fallen serviceman or woman died in combat at a relatively young age. These military funerals are meant to honor that serviceman or woman for their service for our country. It would incomprehensible to think that anyone would protest at a military funeral right?
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| Westboro Baptist Chuch Member |
Wrong. Shockingly, the members of the Westboro Baptist Church have protested over 200 military funerals over the last few years. These lunatics choose to protest military funerals to spread express their view that “U.S. deaths in Afghanistan and Iraq are God's punishment for American immorality and tolerance of homosexuality and abortion.”[i]
This is absolutely disgusting and insensitive that a group of religious fundamentalists would choose the venue of a military funeral to spread their outrageously radical views. But are the actions of these vile human beings protected under the 1st Amendment? We will see.
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| Lance Corporal Snyder |
These protests gained national attention when the Westboro Baptist Church protested the funeral of Marine Lance Corporal Matthew Snyder, who died in Iraq. At the funeral, the protestors positioned themselves around 30 feet from the entrance of the church and held signs that said things such as “Thank God for dead soldiers” and “God hates the USA.” This protest inflicted extreme emotional distress on Snyder’s family and Matthew’s father, Albert Snyder.
In addition to protesting the funeral the church posted a poem on their website addressed to Matthew Snyder’s parents that defamed the way they the raised Matthew. After the protests and the poem, Albert Snyder sued the church for violating his family’s right to privacy and for inflicting emotional damage. Mr. Snyder initially won the suit in lower courts, but the decision was overturned by a federal appeals court who ruled that the protestors were protected by the 1st Amendment right to free speech.
The case (Snyder Vs. Phelps) has now reached the Supreme Court where the justices are discussing the issue of right of privacy vs. the right of free speech. Specifically, the main constitutional question in this case is the following: Does the father's emotional pain trump the protesters' free speech rights?
The courts have already heard arguments from both sides and have expressed sympathy towards the Snyder family. Their questioning of Westboro’s attorney, Margie Phelps, suggested that they wish to rule in favor of the fallen Marine’s father, but were not sure if they could. Justice Ruth Bader Ginsburg said, "This is a case about exploiting a private family's grief."[ii] Other Justices gave hypothetical statements about similar situations involving radicals berating family members of fallen servicemen. The court will not rule on the case until the spring of 2011.
While there have been some indications from the court that they might rule in favor of Snyder, as tragic as it is to say, it is hard to believe that the court will make any ruling that would limit free speech. They will argue that if you limit free speech at funeral then where else will it be limited… the slippery slope theory.
This case is so controversial because it deals with such an emotional situation, a military funeral and grieving father. It also deals with one of the core rights that we as Americans cherish so much, free speech.
It is heartbreaking that the Constitution defends people that are the scum of the earth, but it does. Even people as vile as the members of the Baptist church. It is hard to grasp that the Constitution defends these types of people, people who cause extreme emotional harm to families of the very people who defend their 1st Amendment rights. It is a harsh reality, but the Constitution defends negative speech the same as it defends positive speech.
Just as the 1st Amendment defends the vile actions of the Westboro protestors, that same 1st Amendment right defends anyone who wants to counter-protest these lunatics. This is how a free nation works.
People must counter-protest these radicals and drown out their ridiculous and harmful messages that they are sending to grieving military families. Exercise your first amendment rights and shut these fundamentalists up so that fallen servicemen and their families can receive the respect they deserve.
Rest in Peace Lance Corporal Matthew Snyder
Your post makes my blood boil. These morally repulsive individuals make me wish we lived in a civil rights stricken nation where licentiousness behavior like this were not tolerated; in fact, such behavior would undoubtedly warrant a prison sentence or violent retribution in nations less concerned with the virtues of free speech. The Westboro Baptist Church illustrates a couple of points. First, that tact is more important than we all think, and failure to demonstrate discretion in certain situations should be prevented from exercising their right to free speech in such circumstances. Second, it clarifies to me that just about any observance of particular views is considered a “religion” today. This faith-based group was founded in the 20th Century and is also involved in protest against Jews, homosexuals, and the United States. Normally I am an ardent protector of the First Amendment, but that happens when I believe the impaired party has been denied the right to speak sensitively, respectfully, and even with civil disagreement regarding an issue of concern. However, I would support the deportation, imprisonment, and negative treatment of this “church” to the fullest degree.
ReplyDeleteHow are the actions of this group protected under the First Amendment in any case? Most cemeteries are owned by a private business, and as such, I fail to see how the protestors are permitted on such grounds– unless, of course, this is the exception to my theory of private ownership. In all, fallen soldiers gave the ultimate sacrifice, and in turn, their memory should be preserved in the most positive light. I have faith in the system and hope that the Supreme Court makes the right decision. RIP Lance Corporal Matthew Snyder.
Freedom of speech is perhaps our most important right as Americans. In very few countries can citizens express their opinion on almost every issue without the threat of being censored. That being said, the rights and freedoms given to us in our Constitution are not without boundaries. You made a great point in explaining that most cemeteries are privately owned, and I can only imagine that the funeral of a family member is considered a private event. That being said, in almost every case concerning the freedom of speech, the Supreme Court supports the Constitution. I can think of two ways of combatting these individuals (I can think of a few in addition which lack any legal credibility) without violating their right to freedom of speech. We must encourage groups like Hell's Angels to stand in front of these bastards and thus blocking their signs and protests, giving the families of the fallen at least some privacy. The second would be to dissect every financial and personal record of Fred Phelps and his cult and hope something turns up that would merit some jail time. I can think of few people I'd rather see in a prison shower fumbling the soap bar than Phelps.
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