Scoundrels Protected, Too

Since the days of ancient Greece, when Hector's family begged Achilles for a peaceful burial, funerals have been universally considered sacred rituals. This deference to grieving families is a matter of common decency respected by everyone — except the Westboro Baptist Church, which has spent 20 years protesting military funerals.

The Supreme Court ruled last week in an 8-1 decision that the First Amendment protects Westboro's protests from civil liabilities for intentional infliction of emotional distress. While we condemn Westboro's repulsive actions, we support the Court's decision. Speech on topics of public concern — no matter how extreme or offensive — merits constitutional protection.

The case of Snyder v. Phelps involved the 2006 funeral service for Matthew Snyder, a Marine killed on duty in Iraq. As they have done about 600 times, seven members of the Westboro Church, which consists almost exclusively of the Phelps family, held signs several hundred feet from the memorial service. The signs featured a litany of messages, including "Thank God for Dead Soldiers" and "You're Going to Hell." The Snyder family filed suit and won $10.9 million in damages, an amount later reduced on appeal.

In his majority opinion, Chief Justice John Roberts writes, "Given that Westboro's speech was at a public place on a matter of public concern, that speech is entitled to 'special protection' under the First Amendment." We agree.

Their speech although hyperbolic and extreme is concerned with public issues.

Few people share Westboro's beliefs on military policy or gay rights, but the First Amendment protects all minority opinions equally. This protection for speech on public matters includes safeguards against civil liabilities. After all, the First Amendment would be of little value if unpopular speakers in public debates could be punished with million-dollar civil fines.

Justice Samuel Alito, in his dissenting opinion, questioned whether the protest was a matter of public concern. He argued that at least two signs specifically targeted the Snyder family as evidenced by the pronoun, "you." But, during the Court's oral arguments, Snyder's attorney conceded that these signs were used at an earlier protest at the State Capitol. Westboro never represented a physical intrusion to the service. They protested about 1,000 feet away, obeyed all laws, and never yelled or used profanity. Protesters were not audible or visible from the church, nor did the protests continue at the gravesite. The Snyder family learned of the offending messages from subsequent news reports.

As the Fourth Circuit Court explained in their consideration of the case, defenders of freedom must "share their foxhole with scoundrels of every sort, but to abandon the post because of the poor company is to sell freedom cheaply."

REPRINTED FROM THE ORANGE COUNTY REGISTER.

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