Tuesday, March 9, 2010

Hell Yeah!

Justices to Hear Case of Protest at Marine Funeral
WASHINGTON — The Supreme Court on Monday agreed to decide whether the father of a Marine killed in Iraq may sue protesters who picketed his son’s funeral with signs that read “God Hates You” and “Thank God for Dead Soldiers.”

A federal appeals court dismissed the suit on First Amendment grounds and threw out a $5 million award against the protesters, who are members of Westboro Baptist Church in Topeka, Kan., and maintain that God hates homosexuality and that the death of soldiers in Iraq and Afghanistan is God’s way of punishing the United States for its tolerance of it.
I'm not quite sure where the First Amendment comes in here, actually. The father isn't suing to have the government stop the group from their "protest". He's suing the group for emotional distress, which I would imagine he'd have a helluva good case for. If the courts rule in his favor, it's not the government stamping out free speech, but agreeing that their speech causes distress.

You have every right to spew whatever filth you so choose. You do not, however, have the right to be immune from the consequences of your filth. In a just and proper world, the Marines attending the funeral should be allowed to beat your stupid ass to a greasy smear for sullying the final resting place of their fallen comrade. Suing you back into the Stone Age is a pale substitute but appears to be the only option in these delicate times.

As a side note, my hat's off to the Patriot Guard Riders for using their own time to attend these funerals to drown out the idiots. I couldn't do it - the temptation to give these assholes the beating they so richly deserve might prove too great for me - so I leave it to the professionals. Guys, you're aces. Thank you for what you do.

And I'm looking forward to the passing of "Reverend" Phelps, as I've got a fitting tribute for his resting place - I just need a box of Ex-Lax and some chili first.

That is all.

14 comments:

Jake (formerly Riposte3) said...

That thing calling itself a "reverend" makes me wish for the return of legal dueling. The whole clan would be dead within a week, I think - and I would gladly contribute to that outcome.

wolfwalker said...

Jay,
I'm not quite sure where the First Amendment comes in here, actually.

Two ways. One is the direct wording of the Amendment: Congress shall pass no law abridging freedom of speech. There's an obvious implication that no law can be interpreted in such a way as to be an abridgement of free speech, either. Otherwise Congress could pass all sorts of laws that just "coincidentally" have the effect of abridging free speech.

The other is called the "chilling effect" argument, IIRC. The reasoning goes that if it's possible for a private citizen or group to sue over speech, then such lawsuits will become a weapon against any kind of speech, and people will become reluctant to speak out for fear of getting sued.

I don't know how the Supreme Court will rule. They might uphold the dismissal. They might equally well uphold the verdict and overturn the dismissal, using the "fighting words" doctrine. I wouldn't spare a second's emotion either way should something untoward happen to Phelps and his crew of bipedal vermin ... but with the Constitution, one has to take the bad with the good. The legal argument for dismissal here does hold water.

Paul, Dammit! said...

Can you imagine the uproar if people started protesting the non-action of American muslims in the war on terror by holding signs and shouting at their funerals? Every 'progressive' in America would be quivering so hard their birkenstocks would rise 6" off the carpet from the static charge.

Borepatch said...

Wolfwalker, the First Amendment doesn't protect "fighting words". Pretty good case that's what this is.

Raptor said...

@ Jake (formerly Riposte3),

Any idea if/when those creeps will be in Pennsylvania? There's no statutes prohibiting dueling here...

Mike W. said...

His son's funeral is a private gathering is it not? The protesters have no more right to heckle at a private funeral than they'd have a right to do so in my home or on my front yard.

wolfwalker said...

I agree, Borepatch. Like I said, the "fighting words" doctrine would be a right nice way for the Supremes to uphold the verdict. I was just trying to say that there are legally (if not ethically and morally) valid arguments on both sides, and which argument wins is really a judgement call.

LabRat said...

They were protesting on nearby public property, not private property.

As for suing into the stone age, that's what the Phelps clan does to anyone who so much as touches them or yells back at them- it's an entire family of rabid pit bulls with legal degrees.

Jay G said...

Which would make the turning of the tables even more delicious, no?

PT said...

Unfortunately I am rooting against the Marine dad. Phelps and clan are despicable, but the chilling effect of lawsuits that would spring forth from a ruling against the Phelps would be mindboggling.

This would lead to all sorts of people claiming emotional distress.

"You're causing me emotional distress for opposing Obamacare!"

and so on.

ASM826 said...

They only do it because it gets them attention and no one stops them.

I'm just sayin'.

Anonymous said...

On point as always Jay. These pieces of shit are slime. Worse than slime. To do anything but bear reverance to someone who has fallen to protect your rights.. to be called up for anything his Country requests of his while putting himself in harm's way and making the ultimate sacrafice... It is a testament to the rights we have in this Country that these people can do that.

At the very least, this could be considered harassment.. I don't want to step on anyone's free speech, but you do have to face the consequences of your actions. On the other hand, if you have to pay for those actions, the speech isn't exactly free either. Gah, I don't know if this is actionable but it certainly is wrong in terms of manners. Protest another way. Highlighting anyone's death for your own purposes is simply bad form.

Jay G said...

I know that it is a path that would lead to madness, but a small (Sicilian) part of me would love to see a law passed exempting family members (or in this case fellow soldiers) from prosecution should they find themselves incapable of opening big can 'o' whoop ass on these cretins...

AngryPatriot said...

Hi Jay,

OK...what needs to be done here (I've seen it work, and work really well too) is to call the local chapter of Rolling Thunder....there's one in almost every state, and if the family of a fallen serviceman / servicewoman requests it, they will come to the funeral as a contingency to be reckoned with.

Nothing scares the bejesus out of panty-soiling cretins like this *reverend* as watching 100 or so bikers rolling up on Harleys, with their own Service Ribbons and Medals pinned to their vests...watching them get off their rides and swap their Beret for their brain bucket, then stand *outside* the gates of the cemetery and along the property lines facing the general public with an *I dare you to even fart* look on their faces.

Seeing Patriotic Americans keeping the trash at bay is a wonderful sight...

Patriot