sometimes supporting the 1st Amendment can be frustrating

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http://www.cbsnews.com/stories/2011/...20038245.shtml

High court rules for military funeral protesters

First Amendment protects Westboro church members who mount anti-gay protests at military funerals, Supreme Court rules

The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount attention-getting, anti-gay protests outside military funerals.


The court voted 8-1 in favor of the Westboro Baptist Church of Topeka, Kan. The decision upheld an appeals court ruling that threw out a $5 million judgment to the father of a dead Marine who sued church members after they picketed his son's funeral.


Chief Justice John Roberts wrote the opinion for the court. Justice Samuel Alito dissented.


"What Westboro said, in the whole context of how and where it chose to say it, is entitled to 'special protection' under the First Amendment," Roberts wrote, "and that protection cannot be overcome by a jury finding that the picketing was outrageous."


The justices said the speech was protected because the protests were on a matter of public concern, on public property and conducted in a peaceful manner, CBS News chief legal analyst Jan Crawford reports.


"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," the Court said. "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."


Matthew Snyder died in Iraq in 2006 and his body was returned to the United States for burial. Members of the Westboro Baptist Church, who have picketed military funerals for several years, decided to protest outside the Westminster, Md., church where Snyder's funeral was to be held.


The Rev. Fred Phelps and other family members who make up most of the Westboro Baptist Church have picketed many military funerals in their quest to draw attention to their incendiary view that U.S. deaths in Afghanistan and Iraq are God's punishment for the nation's tolerance of homosexuality.


They showed up with their usual signs, including "Thank God for dead soldiers," "You're Going to Hell," "God Hates the USA/Thank God for 9/11," and one that combined the U.S. Marine Corps motto, Semper Fi, with a slur against gay men.


Justice Alito, who authored the sole dissent, insisted the funeral protests did not deserve constitutional protection, Crawford reports.


"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," Alito wrote, adding that the father of the soldier was not a public figure, but "simply a parent" who wanted to "bury his son in peace."


The church members drew counter-demonstrators, as well as media coverage and a heavy police presence to maintain order. The result was a spectacle that led to altering the route of the funeral procession.


Several weeks later, Albert Snyder was surfing the Internet for tributes to his son from other soldiers and strangers when he came upon a poem on the church's website that attacked Matthew's parents for the way they brought up their son.


Soon after, Albert Snyder filed a lawsuit accusing the Phelpses of intentionally inflicting emotional distress. He won $11 million at trial, later reduced by a judge to $5 million.


The federal appeals court in Richmond, Va., threw out the verdict and said the Constitution shielded the church members from liability.


Forty-eight states, 42 U.S. senators and veterans groups sided with Snyder, asking the court to shield funerals from the Phelps family's "psychological terrorism."


While distancing themselves from the church's message, media organizations, including The Associated Press, urged the court to side with the Phelps family because of concerns that a victory for Snyder could erode speech rights.


Last month, a group of hacktivists acting under the banner, "Anonymous," warned Westboro that unspoken retribution will follow it continues its practice of inflammatory protests.

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Eight Supremes, judges, smudges, legaleez political hacks/appointees or whatever? I've heard of infinitely more sensible & up front rulings coming from Spring Break Wet T-shirt judges. MUCH MORE appreciated & publicly concurred with also.

Besides,...what-in-the-hell do pompously wacko judges stupidly permitting disgusting, vile, vicious & insulting behavior by anti-America War Protesters at deceased Brave U.S. Soldiers' funeral services...have to do with: "Ensure that we do not stifle public debate", anyway. Same goes for any such sicko protests at Westboro Baptist Nut funeral services.

Basically, do 8 judges all fear offending most all types except American Warriors, families & friends?

Orrrrrrrrr,...have same 8 judges ruled Politically-Correct (an oxymoron) for-so-damn-long a time,...that age & senility make them actually believe they are still ruling or dealing with full decks?

Whatever, there must be some sane reason for ruling against dead: "America's Finest" & bereaved?

But then,...whom really know? Any courts founded under 10 Commandments, having 10 Commandments etched in stone at their work places while simultaneously denying display of 10 Commandments in all Public Buildings in America,...leave much to be desired by NORMAL PEOPLE.

Athiests, Marxists/Progressives, Muslims & other radical ideologue zealots could care less about 10 Cs.

Neil

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Eight Supremes, judges, smudges, legaleez political hacks/appointees or whatever? I've heard of infinitely more sensible & up front rulings coming from Spring Break Wet T-shirt judges. MUCH MORE appreciated & publicly concurred with also.

Besides,...what-in-the-hell do pompously wacko judges stupidly permitting disgusting, vile, vicious & insulting behavior by anti-America War Protesters at deceased Brave U.S. Soldiers' funeral services...have to do with: "Ensure that we do not stifle public debate", anyway.
Same goes for any such sicko protests at Westboro Baptist Nut funeral services.

Do 8 judges all fear offending most all types except dead American Warriors, families & friends?

Orrrrrrrrr,...have same 8 judges ruled Politically-Correct (an oxymoron) for-so-damn-long a time,...that age & senility make them actually believe they are still ruling or dealing with full decks?

Whatever, there must be some sane reason for ruling against dead: "America's Finest" & bereaved,...& turning tear filled into blood filled eyes?

But then,...whom really know? Any courts founded under 10 Commandments, having 10 Commandments etched in stone at their work places while simultaneously & looney denying display of 10 Commandments in all Public Buildings in America,...leave much to be desired by NORMAL PEOPLE.

Just because Athiests, Marxist/Progressive Politicos, Muslim Radicals & other Ideologue Zealots could care less about fine 10 Commandments and/or basically what American Laws founded on,...why Force/Dictate that all rest of we Americans kowtow to such Nuts?

Neil

P.S. Don't know why ended up with 2 almost identical posts here.
Maybe while drinking, I should get a designated typist?
Regardless, since don't know how to get rid of the previous one,...please just disregard it.

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Geraldo Rivera made the insulting of a Dead Marine even much more: "Frustrating" this morning.
Was truly surprised that Fox & Friends would even let such an absurdly insensitive capitulating to authority slide by uncontested?

Apparently famous lawyer & TV personality Rivera would have all others similarly believe that Supreme Court Justices are beyond reproach & to be highly respected as most political electees, appointees or basically all political gods in authority (American People conning norm), ALSO.

Geraldo stated that any further discontent over Supreme Court 8 to 1 decision against father of insulted Dead Marine...was now: "IRRELEVANT". Tough luck: "Pilgrims" or Peasants. The gods have spoken.

Get Real, Mr. Rivera. This isn't old Nazi Germany & those weren't old Nazi Supreme Court Justices calling-the-shots,...as Adolph's version of Political-Correctness so dictated.

This is America! Overwhelming Majority Opinion is still RELEVANT to most Average & Not Audaciously Superior Americans. Well,...at least yesterday Majority Opinions were RELEVANT?

Dead Marine's pappy actually got it 100% RIGHT when given voice on FNC (Where else?), when stating words to the effect of: "8 justices displayed the common sense of goats"...was/is absolutely unarguable.

I believe that 8 apologies are in order.

Neil

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Couldn't agree more! I really didn't think the decision would go any other way since the 1st Amendment is still the law of the land and I do support that Amendment. However, the 1st is a double edged sword. If those asshats can desecrate the memory of one of America's heroes then the rest of American can show those asshats what we think of them. The next time they organize a demonstration against a GI's funeral, the townspeople should organize a counter demonstration against them. I'm sure a hundred or more angry voices and picket signs can override a dozen asshats from the WBC.

So c'mon, people! When you hear of such things happening in your town, don't just sit on your butts and wring your hands! Get out there with your own signs and your strongest voices. If the SJC says it OK to demonstrate, then DO SO!

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Let's come at 8 exceptionally lordly political appointees & illogical constitutional misinterpreters from another perspective.

Isn't what protesters did EVEN WORSE than: "Hollering fire in a crowded theater" & "Inciting to riot",...Two no-nos EXCLUDED as Free Speech in United States Constitution???

Of course what low-life insensitive protesters & scum of the earth did...WAS WORSE!!!

I personally believe that such allegiance-challenged Fonda or Sheehan types causing blood in eyes of many bereaved getting away intact were quite lucky.

In Middle East, Asian & other countries such insulters of Brave Dead Warriors & nation's defenders would likely be stoned to death at best,...and quite rightfully so.

"Dishonoring Dead & Bereaved is deemed quite despicably disrespectful in MOST SANE NATIONS.

Apparently 8 of 9 U.S. Supreme Court Justices just do not agree with MOST SANE NATIONS.

Too bad for US ALL, since these are very same yokels whom determine many laws, policies or POLITICAL DICTATES that overwhelming vast majority of Americans oftentimes quite disgustingly & adamently detest,...FROM THE BENCH.

Basically Majority Rule by Supremes equates or equals Minority Rule for all rest of We Americans.

Sad, but true. Usually, slightly better than 50/50 decisions actually RULE all We Americans.

Neil

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If they did yell "fire" in a theater, and did incite a riot, I would agree but they didn't and the legal definition of inciting a riot is "Urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts."

I agree that what they are doing is morally reprehensible but it is still legal. Like I said, dozens or hundreds of voices can and should drown them out. For that matter, why not picket their church? Now THAT will give them something to think about.

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I said: "WORSE" than; "Hollering fire..." & "Inciting to riot".

I flat-out-guarantee that if any such scum so despicably disrupted any funeral services for my friends & comrades, such would INCITE One-Helluva-Deadly RIOT,...and RIGHTFULLY SO.

"Different strokes (tolerances also) for different folks". None (myself included) of buddies would ever docile & peaceably accept such NONSENCE against one of our own. Signs? Forget it.

Besides, Doc? What could possibly be more inciteful to rioting than what those Westboro Low-Lifes quite stupidly were/are officially permitted getting away with, anyway?

Would calling phoney: "I pray to Jesus every night" & Indonesian Muslim Madrasa Schooled Barack Hussein Obama II or Jr. a Democrat/Socialist/Marxist/Progressive Political Supremacist posing as a Liberal, be considered: "Inciting to riot"??? I don't think so.

Basically, the truth should never incite any rioting. About politicians & unions,...eh?

Neil

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This is a disgustingly blatant case of PC-ism at its worst. Let's make common sense, common again.

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GREAT SUGGESTION!!!

Neil