The Supreme Court ruled in a nearly unanimous decision Wednesday to uphold the free speech rights of a Kansas-based church group that uses graphic demonstrations at funerals across the country to spread its message of anti-homosexuality.
Westboro Baptist Chursh protestors held demonstrations in Delaware in January 2010, at the funeral of Vice President Joe Biden’s mother in North Wilmington, and also in 2006, at the funeral of Marine Cpl. Corey L. Palmer in Seaford. Their message proclaims that God is punishing Americans for the country's tolerance of homosexuality.
In Synder v. Phelps, justices voted 8-1 to uphold a federal appeals court ruling that threw out a jury verdict awarding Albert Snyder $5 million in his suit against Rev. Fred Phelps and his Westboro Baptist Church. Synder sued Phelps and his fellow protesters for intentionally inflicting emotional distress by picketing the funeral of his son, Marine Lance Cpl. Matthew Snyder, carrying signs that said "Thank God for Dead Soldiers," "Fags Doom Nations" and "America Is Doomed."
Writing for the majority, Chief Justice John Roberts said the First Amendment protects protesters' speech because it deals "with the political and moral conduct of the United States and its citizens." Roberts continues, "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. 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."
The lone dissenting vote came from Justice Samuel Alito. He argued the speech targeted a private person, the dead soldier's father, and did not deserve First Amendment protection.
Widener University Law professor Erin Daly sat down with DFM News to analyze the decision and its impact.
Analyzing the Supreme Court's Westboro Baptist decision
Widener University Law professor Erin Daly
Produced and edited by DFM News
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