Tuesday, March 08, 2011

Westboro, Supreme Court, and a Change of Heart

By Douglas V. Gibbs

The U.S. Supreme Court recently ruled 8-1 that the Westboro group has a First Amendment right to picket the funerals of soldiers. Justice Samuel Alito Jr. was the lone dissenting opinion.

The Westboro Baptist Church group has picketed nearly 600 funerals. Their "God Hates Fags" philosophy has led them to believe that 9/11 was punishment against the U.S. for tolerating homosexuality.

The Westboro group is an absurd caricature of Christians, and the leftists are eating it up. The group has been used as an example of Christians who defend marriage, in an attempt to vilify all of Christianity - despite the fact that mainstream Christianity has condemned Mr. Phelps and his Westboro group for spreading an unbiblical message that gays are beyond repentance and salvation.

The Westboro group protested the funeral of Marine Lance Cpl. Matthew Snyder in 2006. Snyder's father, Albert Snyder, sued Mr. Phelps, his daughters and Westboro Baptist Church, originally winning the case, and an $11 million award. However, the district court reduced the award to $5 million, and then an appeals court overturned the award. Mr. Snyder appealed, and the case went to the Supreme Court, which upheld the appeals court's ruling.

The Supreme Court, because Mr. Phelps had complied with a Maryland law barring protests within 100 feet of a funeral, and had not voiced obscenities, deemed the protest to be constitutionally protected speech.

Justice Alito disagreed.

The whole affair is terrible. The emotions that the Snyders are enduring must be terrible. From a moral point of view I disagree with the ruling, but from a legal, constitutional angle, it was a proper decision.

One must remember that we must take the good with the bad. If the government could quell the Westboro group's freedom of speech, eventually the federal system would turn against others. This ruling, in the long run, will ensure that the attacks against freedom of speech on the airwaves and Internet will be held back. This ruling may also work to disarm hate-crimes laws.

Though the ruling by the Supreme Court was important in the long term for freedom of speech, we must also remind ourselves that despite the legalities, what the Westboro group does defies common decency. These funerals for our heroes are ruined by the Westboro group's hateful antics.

The states can take action. States can pass laws that limit protests near funerals by increasing the distance that protests must be from funeral processions, for example.

The Supreme Court got it right for the greater good of free speech, but we must also realize that the despicable actions of the Westboro group can only be tempered by a change of heart.

God willing.

-- Political Pistachio Conservative News and Commentary

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