The United States Supreme Court heard oral arguments in the case Snyder v. Phelps on October 6, 2010. However, I had been following this case long before October of 2010.
Most of you know that I was deployed in Iraq from 2006-2007. Many of you don't know that my unit lost soldiers (injury and death) to roadside bombs while I was there. When I began to hear about a Westboro Baptist Church protesting the funerals of our fallen service members (with signs like "Thank God for Dead Soldiers" and "Thank God for IEDs" it literally made me sick to my stomach and gave me an aching in my heart and stomach that words could never fully explain. The church's position is that our service members are getting killed in Iraq because we tolerate homosexuality.
Then I learned that one father, Al Snyder, finally stood up and sued this vile and disgusting group for protesting his son's funeral. The jury awarded him around $11 million, but the 4th Circuit reversed on 1st Amendment grounds and actually ended up ordering the father to pay the church $16k in fines. We will wait to see how the Supreme Court weighs in on the issue.
But how should the Supreme Court rule? How woud I rule if I was on the Court? Usually my heart and mind work together in my political and legal thought. However, this case pits the two against each other in many ways. I have spent numerous nights wondering what the "right" decision would be for the Court and what that would mean for the freedom of speech in our country. By stopping this revolting and nauseating group from doing something that stirs up hate and makes me want to commit violence against them, am I eroding our First Amendment right of free speech? On the other hand, when do we decide where the line should be drawn in our freedom of speech? Surely fighting words and intentional infliction of emotional distress put limits on that freedom, and for just cause. Does the freedom of religion have a role to play here when a father is trying to bury his son? After all, this was Al Snyder's last real chance to say goodbye to his son. We all deserve a proper funeral. Anyone who has given his life for his country deserves a respectable funeral to say the least. Instead of allowing the family to get some form of closure at the service, the Westboro Baptist Church opened their wounds and poured salt on them, potentially never allowing them to properly heal.
It is moments like these where I am humbled by how little I know. It is also a moment where I am glad to not be a judge involved in these kinds of decisions. If the Supreme Court decides this speech is not protected under the First Amendment, I pray that this will give the Snyder's some form of closure in knowing Westboro will never be able to do this to another military family who has sacrificed and suffered enough. If the Court rules the speech is protected, I will try and seek comfort in knowing the Patriot Guard is there as well to stand in front of the protesters with American Flags waiving for all to see; and may we all find some form of peace in Thomas Jefferson's quote, "If there be any among us who wish to dissolve this Union or change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it."
Interview with the father: http://www.youtube.com/watch?v=AO6yZbwnIlk&feature=related
Oral Arguments: http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=09-751
Great little read Mr. Brand. This is also a topic that I have given much thought as well. The Westboro Baptist Church represents a very disturbing group within society. How someone can actually convince themselves that the reason soldiers die is because "God Hates Fags" is beyond me... Although I do not have a military background, the thought of someone protesting at a fellow solider's funeral would probably make me snap. I think there is a special place in hell for the people of the Westboro Baptist Church who insist on preaching hate. Don't let the fact that they agreed not to protest the funeral of the 9 year old girl who was murdered in the Arizona shootings fool you, they are awful people.
ReplyDeleteAs a father, I can't imagine how difficult this all has been on Mr. Snyder. Its bad enough losing a son, but to make matters worse, he has to watch these delusional people claim that his son was killed because we accept homosexuals in this country. Using "tolerate" is a poor choice of words because when you say tolerate, you are hinting at the fact that they are doing something wrong. (I'm not accusing you, Scott, of tolerating homosexuals, I'm aiming this point at the Westboro Nut Jobs) I guess this isn't too surprising when considering the source.
I guess the entire point I'm trying to make is that the father showed incredibly strength and courage. I wish I could sit here and say I wouldn't have walked across the street and kicked the living hell out of the protesters because I probably would have. Mr. Snyder showed the type of strength that many Americans don't have. He recognized that people can say essentially anything they want and there is nothing you can do about. More people should be like Mr. Snyder and show some restraint from time to time. But hopefully, the Supreme Court finds a way to eliminate this (and all other) hate speech.
It is hard to imagine what is going through the heads of the people who are part of the Westboro Baptist Church. I think that is the most difficult part of the 1st amendment and deciding where it should start and where it should end. Most people can agree that free speech is an important right and one that we should all be grateful for having, but there also needs to be limits. But, with the variety of values, thoughts and beliefs in today's societies, it seems impossible to try and control every individual's idea of what it means to have free speech. For that reason, I am also very glad that I am not a judge having to decide the issue in this case. Nice post, Scott.
ReplyDeleteWell done Scott. As I was reading this post I found myself struggling between my personal beliefs and my "lawyer mode" in regards to the rights people are given under the first amendment. Although I know I have very different views then that of the Westboro Baptist Church in regards to homosexuality, I also realize that each person is allowed free speech under the constitution. I believe that everyone deserves to voice their opinions but I also think there needs to be a stopping point when it is against other people. I do not believe any person in this church would not want to have a proper burial for this son/daughter so why should this church think they get to say another man does not just because his son fought for our country and isn’t a member of their church. The statements by the protesters might not be particularly violent to render the statements not within the first amendment protection but I think the Supreme Court will have a big task in deciding this case in where a line needs to be drawn where the free speech is obsurd to imply that this father does not deserve a proper burial for his son.
ReplyDeleteGood stuff Scott. I agree with the rest of reactions to your blog post that the Supreme Court will have a tough time deciding the case. I am not familiar with the case, but after reading what you have posted, as I lawyer I would find it morally difficult to represent the protestors. I mean really? Pushing your beliefs by denying veterans a proper burial; it can't get a much worse.
ReplyDeleteThat being said, we all know we are a land that promotes free speech. The protestors may have a good shot at succeeding at this one. (Only based on what I have read from your blog). Which makes sense. Even though the goal here is repugnant, there are other groups protesting for beliefs and values that we strongly support. If our stance is that our expressions shouldn't be silenced, then it may be a difficult task to silence theirs, regardless of how ridiculous the Westboro folks may be.
Great Post Scott, and I agree with your confusion. My pops served for almost 26 years and the military has been a very important influence on my life. In this situation I can't get my heart and mind to match up either. I have always believed what makes this country great is the fact that we can express ourselves without restraint, but people but that abuse this privilege to such a degree as this situation is really disgusting.
ReplyDeleteI don't envy any judge trying to make a decision on this case because of course its wrong to protest a funeral but isn't it also protected. These situations blur the lines so much that it makes me think I should of made another career choice. The irony in the situation is that his son died promoting and protecting the freedom that allows these people the ability to say and preach what they want.