SCOTUS rules for anti-gay church over military protests
A Kansas church that attracted nationwide attention for its angry, anti-gay protests at the funerals of U.S. military members has won its appeal at the Supreme Court, an issue testing the competing constitutional limits of free speech and privacy.
The justices, by an 8-1 vote, said Wednesday that members of Westboro Baptist Church had a right to promote what they call a broad-based message on public matters such as wars. The father of a fallen Marine had sued the small church, saying those protests amounted to targeted harassment and an intentional infliction of emotional distress.
"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," the court's decision said.
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EDIT: Since the original text did not reference this, I should mention that the Court's decision today threw out a $5 million judgment against Westboro Church. They were originally found liable for the infliction of emotional distress upon the father of a dead marine, who sued them in court.
I believe the Supreme Court made the right call in this case. The First Amendment gives Americans a lot of latitude in what we get to say and do. This includes the right to say and do hurtful things. What Westboro Church does is utterly unethical. However, it is not illegal under our Constitution. They deserve the shame and ridicule of the communities in which they protest, but state and city governments cannot ban their foul behavior.
The justices, by an 8-1 vote, said Wednesday that members of Westboro Baptist Church had a right to promote what they call a broad-based message on public matters such as wars. The father of a fallen Marine had sued the small church, saying those protests amounted to targeted harassment and an intentional infliction of emotional distress.
"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," the court's decision said.
Source
EDIT: Since the original text did not reference this, I should mention that the Court's decision today threw out a $5 million judgment against Westboro Church. They were originally found liable for the infliction of emotional distress upon the father of a dead marine, who sued them in court.
I believe the Supreme Court made the right call in this case. The First Amendment gives Americans a lot of latitude in what we get to say and do. This includes the right to say and do hurtful things. What Westboro Church does is utterly unethical. However, it is not illegal under our Constitution. They deserve the shame and ridicule of the communities in which they protest, but state and city governments cannot ban their foul behavior.