[Infowarrior] - SCOTUS: US hate group has First Amendment protections

[Richard Forno]

As an American, I agree with the Court.  Personally, I agree with Justice Alito.     What a bunch of intolerant 'tards.

-- rick, reflecting on Voltaire


http://online.wsj.com/article/SB10001424052748703559604576176323629295598.html?mod=djemalertNEWS#printMode

MARCH 2, 2011, 12:37 P.M. ET
High Court Rules in Favor of Funeral Protesters

By BRENT KENDALL


WASHINGTON—The First Amendment protects a fringe religious group that protested the funeral of a U.S. Marine killed in Iraq, the Supreme Court ruled Wednesday.

"As a nation we have chosen ... to protect even hurtful speech on public issues to ensure that we do not stifle public debate," Chief Justice John Roberts wrote for the court in a 15-page opinion. "That choice requires that we shield Westboro from tort liability for its picketing in this case."

Chief Justice Roberts said the group's messages "may fall short of refined social or political commentary," but the issues they highlight, including the political and moral conduct of the United States and homosexuality in the military, "are matters of public import."

That the group was protesting at a funeral didn't transform the legal analysis, the chief justice said. He said the protest wasn't unruly and took place out of sight of those attending the church funeral service.

"Any distress occasioned by Westboro's picketing turned on the content and viewpoint of the message conveyed, rather than any interference with the funeral itself," Chief Justice Roberts said.

Justice Samuel Alito was the court's lone dissenter to Wednesday's ruling. "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," Justice Alito wrote.

The Westboro church believes that 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. The tiny church, whose membership largely consists of the founder's family, pickets military funerals to get attention for its message.

Free Speech at the Court

The Supreme Court has taken a broad view of free-speech rights in recent years, except for a case involving speech by a juvenile.

* * * * *

Morse v. Frederick (June 2007): A divided Supreme Court rules that an Alaska high-school student who was suspended after unfurling a banner reading "BONG HiTS 4 JESUS" [sic] can't sue the principal for damages. Chief Justice John Roberts says the banner was "reasonably viewed as promoting illegal drug use."

In March 2006, the church's leader, Fred W. Phelps Sr., and several of his relatives selected the funeral of Lance Cpl. Matthew Snyder, who was killed in Iraq, at St. John's Catholic Church in Westminster, Md., as a vehicle for their cause.

The group complied with local ordinances during its protest. Cpl. Snyder's father, Albert Snyder, said he could see the tops of picket signs as he drove to the funeral, but did not learn of the signs' content until he saw television coverage of the protest. Mr. Snyder later discovered a screed on the church's website attacking him for raising his son a Catholic and supporting his service in the armed forces.

The Supreme Court said the online attack didn't factor into its analysis because Mr. Snyder didn't mention it in his petition to the high court.

Mr. Snyder sued for intentional infliction of emotional distress, and ultimately was awarded $5 million in damages. He argued that Westboro's speech was entitled to less First Amendment protection in part because the group exploited his son's funeral as a platform for its message.

A federal appeals court overturned the jury verdict on First Amendment grounds, saying the Constitution protected Westboro's speech.

"Our reaction is, thank God and praise his name. He has a message and we're going to deliver it," said Margie Phelps, the daughter of Westboro's founder and the lawyer who argued the group's case before the high court. Ms. Phelps said the case "has brought a megaphone to the mouth of this small church." She said the group's picketing had quadrupled since the case was filed.

Write to Brent Kendall at brent.kendall at dowjones.com