Dissident Veteran For Peace

More than three years ago, in "God Bless Fred Phelps," I wrote: "When the government permits a private action and enforces a judgment against Phelps for invasion of privacy and emotional distress as they did this year in Snyder v. Phelps then everyone who is not a sheep needs to look out." It was heartening therefore to read the following in the 8-1 Supreme Court slip opinion (PDF):

Speech is powerful. It can stir people to action, movethem 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. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stiflepublic debate. That choice requires that we shield Westboro [Baptist Church] from tort liability for its picketing in this case.

See also: "High court hands 1st Amendment win to funeral picketers"--analysis at firstamendmentcenter.org

Labels: civil liberties, Fred Phelps, Supreme Court

Right: Protesters from Illinois and Topeka line a portion of the S.W. 12th and Gage Boulevard intersection on Sunday. They were protesting the Westboro Baptist Church's picketing of soldier funerals. ANN MARIE BUSH/THE CAPITAL-JOURNAL

Early last month I wrote that Harriet Robbins Ost's article is the most thorough treatment I've seen so far of the important constitutional issues in the Snyder v. Phelps Supreme Court case. Shortly after that the Marine Corps Times published "Snyder-Phelps fight has many twists, turns" by Dan Lamothe. Here's a summation of the constitutional issues from that article:

• Speech and privacy. Snyder asked the Supreme Court to review whether the 4th U.S. Circuit Court of Appeals in Richmond, Va., was correct in protecting the church’s speech if it attacked a “private” figure, Snyder, concerning a private matter, the funeral. The Phelpses argued to the court that there is a “viable basis” to saying Snyder is not a private figure with regard to his son’s death because he had already granted media interviews. The church also said its protests are focused on public issues, making them protected speech.

• Speech and religion. Snyder asked the court to review whether the First Amendment, used to overturn Snyder’s initial settlement, allows the Phelpses’ freedom of speech to trump Snyder’s right to mourn his son in a private religious ceremony. The church has countered by saying its members picketed on a public street, on issues that were of public interest.

• Funeral attendees’ rights. Snyder’s lawyers say that even if the appellate court’s decision to uphold the Phelpses’ free speech was appropriate, it failed to consider that Snyder was a “captive audience” at his son’s funeral. A federal appeals court already has ruled in another case involving the church that the government is allowed to protect private citizens from unwanted communication when they cannot avoid it, Snyder points out. The Phelpses say the argument is not relevant, since the previous case focused on whether a state law banning picketing within 300 feet of a funeral was constitutional — a separate issue.

Today, the Marine Corps Times published "Former Marine protests funeral picketers" which discusses a protest against the Westboro Baptist Church on their home turf, it started last month. That's a better way to deal with Fred Phelps and his church instead of trying to set dangerous legal precedents that erode everyone's First Amendment rights. Oh, wait a minute, I forgot about the slavish fools who don't understand or don't care that freedom of expression means nothing if it is only accorded to those who don't rock the boat or offend the delicate sensibilities of the 'patriotically correct,' etc. masses.

See also: "Attorneys: First Amendment doesn't fully protect funeral protesters" by The Associated Press (26 May 2010) on the First Amendment Center web site.

Labels: civil liberties, Fred Phelps, Supreme Court

I've been following the lawsuit of Albert Snyder against Fred Phelps et al. since 2007. Most of the online coverage following the US Supreme Court's decision to grant certiorari to hear Snyder's appeal has been crap but I have found one thoughtful article. Although tainted by her tedious pro forma denunciations of the Westboro Baptist Church as "obnoxious," Harriet Robbins Ost's article, "U.S. Supreme Court: Will distress trump the First Amendment right to free speech?" is the most thorough treatment I've seen so far of the important constitutional issues in the case.

Labels: civil liberties, Fred Phelps, Supreme Court

Almost two years ago I wrote:

When the government permits a private action and enforces a judgment against Phelps for invasion of privacy and emotional distress as they did this year in Snyder v. Phelps then everyone who is not a sheep needs to look out. Testimony at trial revealed that Phelps and his crew were on public property 1000 feet from the funeral service and plaintiff Albert Snyder, father of a dead Marine, never saw or heard the protest. Yet, the jury ruled in his favor and assessed $11 million in fines against Phelps, his family, and his church. It's time for everyone who values freedom to step up and support Fred Phelps in his appeal.

I'm happy to report that the judgement against Phelps was overturned by the 4th U.S. Circuit Court of Appeals late last September. Reportedly, Albert Snyder plans to appeal. The Supreme Court should not grant certiorari and I predict they will not grant it.

See also: God Bless Fred Phelps

Update: "Snyder v. Phelps Goes to the Supreme Court"

Labels: civil liberties, Fred Phelps

Fall From Grace is truly an inside look at Fred Phelps and the Westboro Baptist Church (WBC). Filmmaker K. Ryan Jones went inside the church and the Phelps family homes over an extended period to make the documentary. In closing scenes, or maybe it's in the extras, the Phelps family watches and approves of an early cut of the film. That's because not only does Jones showcase the church's repressive, legalistic Old Testament views on human sexuality and their protests against gays, America, and, generally, anyone who doesn't embrace their theology but he also respectfully shows the Phelps clan as real human beings in family settings.

Moreover, Jones also documents how WBC members have been attacked by the many self-righteous liberal and conservative hypocrites whose tolerance of freedom of speech extends only to those with whom they agree. On more than one occasion this has involved actual physical violence against the family or the threat thereof. The Showtime trailer does a good job showcasing how Jones has chosen to represent the family.

The music video below demonstrates that this band of happy haters (and that's a word I am generally loathe to apply because it is so often misused but it is a word the WBC embraces) also has a certain perverse sense of humor. Here is the Westboro Baptist Church (featuring Jonny B) singing "God Hates the World".

See also: "God Bless Fred Phelps"

Labels: Christianity, civil liberties, Fred Phelps, LGBT, video

But I say to you, Love your enemies and pray for those who persecute you, so that you may be children of your Father in heaven; for he makes his sun rise on the evil and on the good, and sends rain on the righteous and on the unrighteous. For if you love those who love you, what reward do you have? Do not even the tax-collectors do the same? -Matthew 5:44-46

I've been to two counterprotests against Fred Phelps and his Westboro Baptist Church in the last few years. And he once protested outside my church, calling it a "fag church," but I say God bless him and his family. Lord knows they sure need some divine intervention but, moreover, when it comes to exercising or defending freedom of expression Fred Phelps and his family walk the walk whereas most Americans are clueless, gutless, or outright opponents. Usually their opposition is cloaked in the pious garb of propriety. These slavish fools don't understand or don't care that freedom of expression means nothing if it is only accorded to those who don't rock the boat or offend the delicate sensibilities of the 'patriotically correct,' etc. masses.

When the government permits a private action and enforces a judgment against Phelps for invasion of privacy and emotional distress as they did this year in Snyder v. Phelps then everyone who is not a sheep needs to look out. Testimony at trial revealed that Phelps and his crew were on public property 1000 feet from the funeral service and plaintiff Albert Snyder, father of a dead Marine, never saw or heard the protest. Yet, the jury ruled in his favor and assessed $11 million in fines against Phelps, his family, and his church. It's time for everyone who values freedom to step up and support Fred Phelps in his appeal.

As an aside, there are probably millions of self-styled Christians in this country who say they oppose the illegal US war in Iraq. If they demonstrated one-tenth the commitment and courage of convictions of Fred Phelps and his flock then the war would likely be over.

The video below is courtesy of the "In Defense of Westboro Baptist Church Pickets" web site and it points out the hypocrisy of many Phelps critics. It's funny how so many of them seemed comparatively quiet when he mostly stuck to the funerals of AIDS victims but when he began to show up at the funerals of dead GIs--well, "there ought to be a law!" And, in short order, there were more than a dozen state laws and a federal law aimed at Phelps.

See also:

• "America's most hated family" by the BBC
• "Fred Phelps Docu: Fall From Grace"

Update: "1st Amendment Vindicated in Phelps Case"

Labels: Christianity, civil liberties, Fred Phelps, LGBT, video