That headline is offensive and sick, I know. It provokes and it shocks and it angers you. But of course those are not my words; they are part of a free-speech case that the Supreme Court is wrestling with -- a case that could have profound implications.
As communicators, we all have an interest in the free exchange of ideas.
But sometimes free speech leads to real problems, such as the minister who planned on burning the Quran, which had dire potential consequences for national security at a time when we are trying to build bridges in Afghanistan and our troops have enemy guns pointed their way.
Some speech is likely to provoke violence, yet such "hate speech" is protected by the First Amendment. Such is the case before the Supreme Court now.
At issue is whether the father of Matthew Snyder, a Marine who was killed fighting for our freedom, can sue a tiny "religious" group (basically one "minister's" family members) that rejoiced in the dead soldier's death with horrendous picket signs at the young man's funeral at St. John's Catholic Church in Maryland.
You've seen these folks before, with their signs that say "Thank God for Breast Cancer," "God Hates Fags," "God Hates You," etc., choosing military funerals as their venue for their "protests." The Westboro church, whose membership largely consists of the founder's family, believes any misfortune America suffers is divine punishment for the nation's failure to follow the sect's doctrine, which condemns gays, Catholics, Jews and others. It is amazing the things that people will do in the name of God.
In this particular case, the Marine's father, Albert Snyder, sued the "church" for invasion of privacy and intentional infliction of emotional distress, winning a $5 million award. A federal appeals court threw out the award, ruling that the First Amendment protected the protesters' speech. The case is now before the Supreme Court.
It's a complex issue, no doubt.
It would seem to me that in this case, the remedy could be made without touching the free speech provision. The issue is the venue. The hateful protesters are allowed on public property within 100 feet of a funeral, according to Maryland statute. News reports indicate the protesters were 1,000 feet away and complied with all local laws. One thousand feet is a fraction more than the length of a football field -- not enough! These protesters, acting in the name of God, are infringing on a religious burial rite -- interfering with a family's Constitutionally protected right to freely practice its religion while burying their son.
If these hatemongers want to protest on courthouse steps, fine. Or on the grounds of their own church.
In arguments before the court, Justice Ginsburg said, "Why should the First Amendment tolerate exploiting this Marine's family when you have so many other forums for getting across your message?"
Exactly. There are so many forums available to protesters, that this form of protest is not speech, but harassment. Their physical proximity to people engaged in a religious burial ceremony makes this not so much an issue of speech, but of physical intimidation, persecution and harassment.
My guess is that that is how the Court may decide this case -- not on the issue of whether the "church" has a right to express its stupidity and hatred; but by deciding the case much more narrowly, placing some restriction on the time, manner and place allowed for such "speech," so that it does not cross the line from speech to harassment. Defenders of the protesters -- and there are many, including most major media outlets -- pull out the "slippery slope" argument -- that if we allow this exception or restriction, our entire Constitution will fall like a house of cards. The slippery slope argument has no basis in logic, but people use it illogically to defend the indefensible.
Meantime, young Matthew Snyder, a Marine who took an oath to defend and protect the Constitution, lies in a Maryland cemetery, having given his life to protect the Constitutional rights of these emotional terrorists who dance on his grave.
Steve Cebalt
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