Black Robes Speak!: As I Predicted Here, U. S. Supreme Court Rules Westboro Baptist Church Has First Amendment Right To Protest Military Funerals.
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Friday, March 4, 2011

As I Predicted Here, U. S. Supreme Court Rules Westboro Baptist Church Has First Amendment Right To Protest Military Funerals.


The case is Snyder Vs. Phelps, and you can read the 8 to 1 decision/opinion here.

Many of you will guess that the lone dissenter in the case is one of the liberal Justices, but you would be wrong. That honor (or dishonor) belongs to Justice Samuel Alito.

While I admire Justice Alito and like his opinions (I prefer the Chief Justice), I think he allowed his heart to drive his thoughts in this opinion. Nothing wrong with that, except that a Judge/Justice is supposed to let the law and the facts direct and drive his thoughts.

I think Alito's sympathy led him astray here (and I am EXTREMELY sympathetic to the plight of the dead soldier).

However, when all is said and done, the Chief Justice has it right when he wrote:

"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. That choice requires that we shield West-boro from tort liability for its picketing in this case."

SHAME on Westoboro Church for its antics, but our Constitution MUST NOT be sacrificed on the alter of what is decent and what is not. Enough said.

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