This story has got me upset. I am astounded at this decision delivered by the Fourth Circuit Court of Appeals. These misguided justices have decided that not only does the Westboro Baptist Church (Fred Phelp's group of idiots) have the right to picket and disrupt the solemnity of the funerals of U.S. soldiers who gave their life for their country, but the father of a fallen soldier must also pay the attorney fees for the church.
I know the court was just trying to uphold the principle of free speech and religious expression, but I think they have gone too far. There is also a right to privacy, and I think that should extend to the family of a fallen soldier. They should have the right to grieve with friends and associates without being subjected to the vile actions of people like those in the Westboro Baptist Church (pictured). The funeral of a loved one is one of the most personal and difficult things a person can experience.
No one is trying to deny the right of this church to picket and to say what they want. But the Constitution doesn't guarantee they can do this anywhere. There are limits to free speech. You cannot yell "fire" in a crowded theater, and you should not be able to disrupt a funeral. Not allowing the people to disrupt a funeral does not impinge on their right to free speech, because there are many many other places for them to picket and get their message across.
I almost never agree with Bill O'Reilly of Fox News about anything, but I do this time. O'Reilly also deplores the court's decision and has offered to pay the attorney fees for the soldier's family if need be ($16,510). But hopefully that won't be necessary.
The family is appealing the decision to the U.S. Supreme Court, and the court has agreed to take the case. The court will decide whether free speech is the dominant issue in this case, or whether that right can be limited by the right to privacy and religious freedom of the fallen soldier's family.
I am a big supporter of free speech rights, even when that speech is offensive. But disrupting a funeral is over the line. There's just no excuse for that kind of behavior.
I agree, funerals aren't the place for protests.
ReplyDeleteUnrelated, those are some particularly offensive signs, those people should be ashamed of themselves.
I don't think you can get much more offensive than that -- but then that's the price we pay for having free speech rights.
ReplyDeleteThis is one of those rare issues on which virtually everyone agrees - Left, Right, believer, atheist, young, old. Disrupting a funeral falls into the same category as yelling, "Fire!" in a crowded theater, IMHO. Asking the victim to pay the perpetrator's legal costs adds insult to injury.
ReplyDeleteI heard an interesting suggestion on the Jerry Doyle Show yesterday regarding how to proactively defend against these idiots. Since the "protests" are advertised ahead of time on the "church's" website, people could file locally for temporary restaining orders on the grounds that their intended actions are a public nuisance.
Being a lowly paralegal, I can't say whether this tactic could actually work, but something has to be done.