Snyder v. Westboro and Unintended Consequences
About Collin HindsWhether you are a red-meat macho man, or someone endowed with passionate and artistic sensibilities, a PC or Mac user, an all-American conservative or a wooly liberal, there is one thing we can all agree on. The antics of the Westboro Baptist Church of Topeka, Kansas are stomach turning, to put it mildly.
The Westboro Baptist Church, almost exclusively comprised of Fred Phelps and his family, has gained great notoriety over the years. They are best known for their theology of hate, of which homosexuals are targeted in particular. They are most reviled for protesting at the funerals of fallen soldiers.
Not long ago they picketed at the funeral of Elizabeth Edwards because of her advocacy of same-sex marriage and gay rights. A statement released ahead of the protest by Westboro stated, “Elizabeth Edwards [and] her faithless husband, John, lightly esteemed what they had. They coveted things that were not theirs –and presumptuously thought they could control God.” I’m not sure what that all means, exactly, but there you have it in all of its unhinged glory.
Last November, members of Westboro made one of their frequent raids into Oklahoma to brandish their “God Hates [fill in the blank]” signs at the funeral of Army Sergeant Jason James McCluskey. I read the report of what happened to the Westboro picketers with great amusement.
After a hardy round of picketing at Sgt. McCluskey’s funeral, and ready to call it a day, the Westboro members returned to their minivan to discover that while they were doing God’s bidding, their front and rear passenger side tires had been slashed. On two flat tires, they drove all around McAlester. Every mechanic and tire shop in town refused to service their vehicle. Finally the minivan was parked at a shopping center, AAA was called, and the hate-mobile was towed to Wal-Mart where their tires were replaced.
After reading the report, I thought, “Westboro, meet karma.”
Shortly after the incident Westboro released a statement that in retaliation for the incident at McAlester, they intended to picket the funerals of children in Oklahoma. The threat on their website announced, “The Lord curses them by killing Oklahoma’s children and casting them into Hell. Thank God For More Dead Children In Oklahoma!”
As odious as the Westboro organization is, we were reminded by the Supreme Court of the United States this March that the first amendment is too important to allow a hateful fringe group screw it up for the rest of us.
Albert Snyder, the father of a fallen soldier, brought suit against Westboro for picketing at his son’s funeral, alleging among other things, that Westboro’s presence near his son’s funeral amounted to the tort of intentional infliction of emotional distress. Westboro defended itself in the suit on the grounds that its protest and speech were activities protected by the first amendment’s right to free speech, and right to assemble. The Maryland jury in the case awarded Mr. Snyder $2.9 million in compensatory damages and $8 million in punitive damages.
The Supreme Court heard the case and sided with Westboro 8 to 1.
“Westboro believes that America is morally flawed; many Americans might feel the same about Westboro,” opined Chief Justice Roberts writing for the majority. In concluding the opinion, Justice Roberts stated:
“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case.”
Less you should imagine unhinged is equal to ignorance of the knuckle dragging variety, think again. The Phelps clan is heavily populated with lawyers. Fred is a disbarred attorney. They have a thriving family law practice in Topeka that funds their cross-country shenanigans. Margie Phelps, one of Fred’s daughters and an attorney, successfully argued the Snyder Case to the Justices of the Supreme Court.
The cornerstone of democracy is contained in the First Amendment. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Without that, we’d be no better than a country controlled by a despot wherein dissenters would be regularly disappeared.
Westboro did not win the case without some help. Friend of the Court briefs were filed, in support of Westboro, by the ACLU, numerous legal scholars, the Thomas Jefferson Center for the Protection of Free Expression, and The Reporters Committee for Freedom of the Press, joined by 21 news media organizations, including The Associated Press, The New York Times, and yes, NPR. You could say that the First Amendment makes for strange bed-fellows.
My heart goes out to Mr. Snyder, and all of the parents and loved ones of the deceased whose funerals have been sullied by the presence of Westboro protestors. If in Mr. Snyder’s shoes, I would feel no differently than he–bereaved and let down by the high court. In an odd way, though, we have Westboro to thank for strengthening democracy in a country that they believe God hates for being too open and inclusive.
We all owe Westboro a round of thanks for insuring that in our democracy even the village idiot gets to speak his mind.
dp1053
March 3, 2011 at 4:26 pm
At some point one has to stop and wonder exactly what set these people off. I know the kids were raised to spew hatred, although 4 of them did grow brains and spines and break away from the family. But old man Phelps, what could happen in life to make someone so filled with hate and spite. It can’t all be just for publicity. Makes you wonder what kind of monsters his parents must have been to raise such a poisoned individual. And unfortunately, the gift keeps on giving from generation to generation.
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December 18, 2011 at 8:08 am
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A Michael J. Scott
March 3, 2011 at 4:31 pm
Great post. It made me stop and think which is a good thing, as, from time to time, I let my emotions do my thinking and that is never a good idea. Thanks.
Jess
March 3, 2011 at 5:15 pm
I’ve said it before and I will say again. I will protest till I am blue in the face, for everyone to have the right to say whatever comes out of their mouth, stupid, vile or whatever. I want that same ability, to be just as stupid as the next person, only in a funnier, gentler and kinder way.
It really is hard to believe that Phelps used to be a rights lawyer, wonder what happened that turned him so virulently anti gay. I sense some projection and I can’t help it when my gaydar pings when I see him. Oh yeah it does, pings loud.
SeanG
March 3, 2011 at 5:18 pm
Westboro turns my stomach, but the best response to hateful free speech is good free speech, not censorship. I love it when a half dozen Westboro protesters are faced down by a hundred counter-protesters.
A Michael J. Scott
March 3, 2011 at 5:47 pm
Sean you make a valid point. But what happens when tempers start to flare and violence ensues? I think that is the big question. I am all for free speech and I appreciate what Mr. Hinds is saying here but I just think that what they are doing is dangerous to the public.
Holte Ender
March 3, 2011 at 5:29 pm
Free speech is sometimes hard to take. If there is a God, he/she does not hate fags, nor America, so it could be argued that such statements are false, or to put it another way, lies. If you lie in court, even if your lie is not hurtful or hateful, you could be done for perjury and serve time for it. It seems to me that we are so fearful of losing free speech that we allow hatemongers to hide behind the 1st Amendment, this is nothing but abuse of a good law.
A Michael J. Scott
March 3, 2011 at 5:45 pm
Hear! Hear!
I understand why it is unlawful to yell”fire”in a crowded theater. It’s a public safety issue.
Well, sooner or later someone is going to kick some serious Westboro ass and someone is going to get hurt.
Is that not a public safety issue?
If I were a parent of a child killed in war, or in a car wreck, or otherwise, I guarantee you I would spend my life taking the lives of those who disrespected his memory when I am trying to bury my heart.
Isn’t that a public safety issue?
Jess
March 3, 2011 at 5:47 pm
Know what, when Slaggie Gillamonster( Maggie Gallgher to her friends) is yakking you have to get out of the way in case you get caught up in the bullshit. This is a woman that has taken hate to new lows and here she is in her conservative hypocritical glory for all to see. It’s nice to see all them good Christians sticking by one another, no it’s not really this is getting mah schaden all freudeny. They were okay with the we’re against “teh gheyz” deal, but then it came to them and they are not liking it. Bastards
“The fringe cult calling itself Westboro Baptist (a small congregation consisting of close, and possibly incestuous, relatives of Fred Phelps, who calls himself a pastor) first became famous by protesting gay rights events with revolting signs suggesting that God hates gay people. (They used another offensive terms as well). These ugly signs proved irresistible to reporters from the New York Times etc., who like to pretend this sentiment captures religious conservatives’ views generally.
“Only Justice Sam Alito had the common sense to recognize that somewhere in our great Constitution, there has to be a way to let people bury their dead, without becoming the objects of other people’s monomaniacal desire to disrupt their grieving for publicity purposes.”
In my own words, it is them damn godless liberals to blame. Damn but I hate this woman with the heat of a thousand suns.
http://nomblog.com/5726/
WARNING the above is a hate site, as far as I am concerned. It’s the National Org for Marriage site, but only for the opposite sexes. Only gave the link so I’m not like a bagger making stuff up.
Four Dinners
March 4, 2011 at 5:35 pm
I need to go to Westboro…
I’m inordinately god at pissing people off.
Westboro would be so worthwhile!!!
Four Dinners
March 4, 2011 at 6:45 pm
oh god I think I’m god….I meant good…honest I did!!!!
Four Dinners
March 4, 2011 at 6:45 pm
…actually…when you come to think of it….
…shut up Dinners…just shut up now…