First Amendment to the United States Constitution Archives

Freedom Of Speech Gives Rights to Hate Church

It’s a case that started in the lower courts which awarded the plaintiff, Albert Snyder, a substantial award for his pain and suffering. Later, the ruling was overturned by the Supreme Court after it decided that the case of Snyder vs. The Westboro Baptiste Church, did not break any laws.

Mr. Snyder brought the case against the 50 member ‘church’ because, according to the complainant, the members showed up at the funeral of his son Lance Cpl. Mathew A. Snyder, who was killed in the Iraqi war. Snyder accused the church of “intentionally inflicting emotional stress,” because, as was the case in several other such funerals, the church showed up with protest signs that read, “God hate fags” and “America is doomed.” The Supreme Court applied the First Amendment as its reasoning behind siding with the “church.” Chief Justice John G. Roberts Jr. wrote;

“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.”

In addition to free speech, Justice Roberts suggests three more reasons why the church was within its rights to protest.

Their protest was within the public’s interest. The Justice suggests that although the signs may have been inappropriate, “the issues they highlight — the political and moral conduct of the United States and its citizens, the fate of our nation, homosexuality in the military and scandals involving the Catholic clergy — are matters of public import.”
The Justice wrote that the relationship between the church and the plaintiff was not one of a private grudge, and
The church had a right to be where they were and were not breaking any state laws to hold the protest.

The Westboro Church is not new to controversies. They also protested at the funeral of Elizabeth Edwards, wife of presidential candidate John Edwards. Mrs. Edwards died of breast cancer in 2010, and had her funeral protested by Westboro group, who carried signs thanking God for her breast cancer. They also protested when congresswoman Gabrielle Giffords was shot in her head in January, where six people, including a nine year old girl was killed. Westboro thanked God for sending the gunman.

Although the ruling by the Supreme Court is understandable, it is groups like the Westboro Baptiste church, in my humble opinion, that makes it necessary to add a clause to the Constitution that would exercise some restraint in the use of the amendment when it comes to such cases. For example, so-called church groups that protest the funeral of a soldier who died in the line of duty while defending their democratic right to freedom of speech and peaceful assembly, should not be protected under the first amendment.

Stupid Attorney General Fired For Stupid Dumb Tweet

Regardless of your political leanings, no one should ever advocate the killing of American citizens exercising their right to peaceful assembly and free speech. But that is exactly what an Indiana Deputy Attorney General suggested as a way to clear the masses protesting in Wisconsin against Governor Scott Walker’s attempt to silence the unions in his state.

“Use live ammunition” was the tweet of Attorney General Jeff Cox, who also said that the demonstrators were “political enemies” and “thugs!” Well, just hours after the news of this tweeting fool broke, appropriate action was taken in Indiana, and Mr. Cox is now on the unemployment line. According to reports from IndyStar;

Earlier today, the attorney general’s office said it was investigating whether Cox had sent the tweet and said it was a serious matter.

This afternoon, the office issued a statement saying Cox was no longer employed there. The office said it had conducted “a thorough and expeditious review” after it learned of the Mother Jones article.

“Civility and courtesy toward all members of the public are very important to the Indiana Attorney General’s office. We respect individual’s First Amendment right to express their personal views on private online forums, but as public servants we are held by the public to a higher standard, and we should strive for civility,” the office said in a statement.

Read the full report here