Supreme Court Takes Phelps Case

I am interested to know what others thing of this. I have never viewed this a free speech issue. this is clear cut depraved harrassment to me, and I don't see why the law should protect them from paying damages for the trauma they inflict.

http://www.huffingtonpost.com/2010/10/06/military-funeral-protest-case_n_752310.html


WASHINGTON — The father of a Marine killed in Iraq is asking the Supreme Court to reinstate a $5 million verdict against members of a fundamentalist church who picketed his son's funeral with signs like "Thank God for Dead Soldiers" and "God Hates the USA."

The court is hearing arguments Wednesday in the dispute between Albert Snyder of York, Pa., and members of the Westboro Baptist Church of Topeka, Kan. The case pits Snyder's right to grieve privately against the church members' right to say what they want, no matter how offensive.

rather than a case of freedom of speech, perhaps it is a case of freedom of religion - the father's right to have a religious service performed for his dead son

in any case, it will be interesting to see how the supremes decide this one
 
The current standard for free speech in the United States is imminent lawless action:

Imminent lawless action - Wikipedia, the free encyclopedia

Speech can only be regulated if it's purpose is to incite action that is both lawless and imminent.

Being offensive is not inciting lawless action. And although what the Phelps does can promote a lawless action toward themselves, the state can't protectively restrict free speech.

what about freedom of speech Vs. freedom of religion - the church's free speech Vs. the father's right of religious freedom to have a funeral for his son
 
rather than a case of freedom of speech, perhaps it is a case of freedom of religion - the father's right to have a religious service performed for his dead son

in any case, it will be interesting to see how the supremes decide this one

He had his religious service. The freedom of religion argument works for phelps too. He's practicing his right to public religious speech.
 
The case has already been established on 'right to privacy' issues. I seriously doubt 'freedom of religion' could be a basis for the case, because the father was not denied religious expression. He was denied reasonable privacy, in my opinion, but I am not Alana Kagen, so who knows how this nutty court will find. My gut instinct tells me, they find in favor of Phelps right to free speech, and uphold the lower court ruling, as unfortunate as it is. This is yet another case of someone having the RIGHT to do something that just isn't RIGHT.
 
The case has already been established on 'right to privacy' issues. I seriously doubt 'freedom of religion' could be a basis for the case, because the father was not denied religious expression. He was denied reasonable privacy, in my opinion, but I am not Alana Kagen, so who knows how this nutty court will find. My gut instinct tells me, they find in favor of Phelps right to free speech, and uphold the lower court ruling, as unfortunate as it is. This is yet another case of someone having the RIGHT to do something that just isn't RIGHT.

Stfu you nazi, there is no right to privacy in public.
 
Oh really? I don't think so. A right to silence others is not part of religious freedom.

it would be interesting to conduct a very noisy demonstration outside a church and see how far you get

especially if the demonstration is noisy enough to intrude on the services

since there is a conflict of rights here, i guess that scotus will have to decide who wins

however, a silent protest with signs should not be barred
 
What do you idiots want the new standard to be, anyone who feels harrassed can sue, even from x yards away? So if people protest a leader, or a banker, that person can sue, even they're x yards away, and in public?

WTf is wrong with you people.

I guess you new world order fuckers have really lost your minds. It's really tragic.
 
it would be interesting to conduct a very noisy demonstration outside a church and see how far you get

especially if the demonstration is noisy enough to intrude on the services

since there is a conflict of rights here, i guess that scotus will have to decide who wins

however, a silent protest with signs should not be barred

There is no conflict of rights here. This case is bogus and you all know it.
 
What do you idiots want the new standard to be, anyone who feels harrassed can sue, even from x yards away? So if people protest a leader, or a banker, that person can sue, even they're x yards away, and in public?

WTf is wrong with you people.

I guess you new world order fuckers have really lost your minds. It's really tragic.

i assume that this happened during the day and the protests were within noise limits then i suspect that scotus will rule in favor of the protestors

what i am curious about is how they found out what route the funeral procession would take and what time

if the protest was on public property then i do not think that they will be ruled against, however, if on cemetery property then trespassing charges apply

oh well, we shall see
 
Stfu you nazi, there is no right to privacy in public.

Uhm, yes, there is always a right to individual privacy, even when you are in public. I can't use an electronic device to listen to your phone calls because you are walking on a public street. The fact you are in public, does not mean you don't have a right to privacy. Sorry you are misinformed. Besides, a cemetery is not public property anyway, it is private property. The plot where the burial is taking place, is actually owned by the individual who purchased it.

The father has a legitimate 'right to privacy' case, but whether his right to privacy outweighs Phelps right to free speech, is what the court will have to decide, and it will be interesting to see how they rule. As I said, I suspect they will rule in Phelps favor, as unpleasant as it seems, because he was not AT the site of the funeral, rather on private property in another location nearby.
 
Uhm, yes, there is always a right to individual privacy, even when you are in public. I can't use an electronic device to listen to your phone calls because you are walking on a public street. The fact you are in public, does not mean you don't have a right to privacy. Sorry you are misinformed. Besides, a cemetery is not public property anyway, it is private property. The plot where the burial is taking place, is actually owned by the individual who purchased it.
Im sorry dixie, but you're just making shit up. There is no right to privacy in public. That's moronic.
The father has a legitimate 'right to privacy' case, but whether his right to privacy outweighs Phelps right to free speech, is what the court will have to decide, and it will be interesting to see how they rule. As I said, I suspect they will rule in Phelps favor, as unpleasant as it seems, because he was not AT the site of the funeral, rather on private property in another location nearby.

If they don't rule in phelps favor, it will be a grave injustice which harms our nation.
 
Im sorry dixie, but you're just making shit up. There is no right to privacy in public. That's moronic.

No it's not, individual 'right to privacy' has nothing to do with whether you are on public or private property. Your constitutional rights are not dependent on where you are! Idiot!


If they don't rule in phelps favor, it will be a grave injustice which harms our nation.

It wouldn't be a "grave injustice" at all, it would be somewhat interesting they overturned a lower court ruling, and it may set precedent for other cases in the future, but "grave?" nope... injustice? not at all. You're being a fuckwit.... just stop it! (yeah I know, that's what she said!)
 
No it's not, individual 'right to privacy' has nothing to do with whether you are on public or private property. Your constitutional rights are not dependent on where you are! Idiot!
Yes they do depend on where you are. You can sit in your living room naked and probe your prostate with a banana; you cannot do that in a public place. Stop being stupid.
It wouldn't be a "grave injustice" at all, it would be somewhat interesting they overturned a lower court ruling, and it may set precedent for other cases in the future, but "grave?" nope... injustice? not at all. You're being a fuckwit.... just stop it! (yeah I know, that's what she said!)

Wrong. It would be a grave injustice.
 
what about freedom of speech Vs. freedom of religion - the church's free speech Vs. the father's right of religious freedom to have a funeral for his son

The amendments only restrict what the government can do. This is like saying that criticizing someone is a violation of their first amendment rights.
 
Yes they do depend on where you are. You can sit in your living room naked and probe your prostate with a banana; you cannot do that in a public place. Stop being stupid.

LMAO... indeed you certainly have a right to privacy inside your own home, on your own property... but there are still things you can't do... you can't cook meth in your home, it doesn't matter that it's your home and you own the property. If what you were saying were true, no one who lives in any public housing would have any right to privacy! It's public property!


Wrong. It would be a grave injustice.

LOL.... Yeah, now I get it... Certainly it WOULD be a "GRAVE" injustice! *shaboom*
 
LMAO... indeed you certainly have a right to privacy inside your own home, on your own property... but there are still things you can't do... you can't cook meth in your home, it doesn't matter that it's your home and you own the property. If what you were saying were true, no one who lives in any public housing would have any right to privacy! It's public property!




LOL.... Yeah, now I get it... Certainly it WOULD be a "GRAVE" injustice! *shaboom*

LOl. I didnt get it either until you mentioned.

I amaze myself.:)
 
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