Supreme Court to hear case against Phred Phelps

[divvy]

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.

Westboro members, led by the Rev. Fred Phelps, have picketed many military funerals to make their point that U.S. deaths in Afghanistan and Iraq are punishment for Americans' immorality, including tolerance of homosexuality and abortion.

They welcome the attention the protests have brought, mocking their critics and vowing not to change their ways whatever the outcome at the Supreme Court.

"No American should ever be required to apologize for following his or her conscience," said Margie Phelps, a daughter of Fred Phelps and the lawyer who is arguing the case for the church.

Snyder undertook the lawsuit after the Phelpses picketed the funeral of his son, Lance Cpl. Matthew Snyder, in March 2006. The Marine was killed in a Humvee accident.

Snyder won an $11 million verdict against the church for intentional infliction of emotional distress, among other claims. A judge reduced the award to $5 million before the federal appeals court in Richmond, Va., threw out the verdict altogether, citing the church's First Amendment rights.

For Snyder, the case is not about free speech but harassment. "I had one chance to bury my son and it was taken from me," Snyder said.

Forty-eight states, 42 U.S. senators and veterans groups have sided with Snyder, asking the court to shield funerals from the Phelpses' "psychological terrorism."

While distancing themselves from the church's message, media organizations, including The Associated Press, have called on the court to side with the Phelpses because of concerns that a victory for Snyder could erode speech rights.

Story here: http://news.yahoo.com/s/ap/20101006/ap_on_go_su_co/us_supreme_court_funeral_protests

[Hawkeye-X]

1. wonder who the two states that didn't side with snyder were...

[mahatmakanejeeves]

6. Virginia is one.

Westboro members picket at Richmond churches

Albert Snyder, the father of a soldier killed in Iraq whose funeral service in Maryland was picketed by Westboro Baptist Church, is suing the group and its pastor, the Rev. Fred W. Phelps, for allegedly disrupting the service.

Snyder won a $5 million verdict in district court, but an appeals court reversed the decision, saying the protesters were exercising their right to free speech. The case is before the U.S. Supreme Court.

In June, Virginia Attorney General Ken Cuccinelli opted not to join 48 other states in filing a supporting legal brief on behalf of Snyder.

[Hubert Flottz]

2. Send Phred Phelps's Phlock to Afghanistan to protest

Let them defend their country for a while.

[BlueIris]

3. Ah, Phred.

You disgust me so.

[pipoman]

4. As disgusting as the phelps' are I believe

the SCOTUS will find their speech protected.

[annabanana]

7. I hope so. There's is such a vile disgusting stance that letting

them spout off spotlights the horribleness of it.

AND, as ever. .

The cure for hate speech is MORE speech.

[mahatmakanejeeves]

5. Snyder, Albert v. Phelps, Fred W., et al. (09-751)

This late, it's impossible to get inside to hear this, but I might walk over anyway around lunch time to take in the ambiance, so to speak. That's French for "circus."

Snyder, Albert v. Phelps, Fred W., et al. (09-751)

It's scheduled for 10:00 a.m.

[LeftinOH]

8. I'd be willing to side with the Phelps' on this one -for the following reason:

When old Phreddie dies (he's 80 years old now), there should be a massive, deliberately disrespectful grave-dancing party held in front of and around his 'church' and/or the cemetery in which he is buried (if burial happens to be in the family's plans). He and his family/congregation deserve nothing less than a vile demonstration of free speech from everyone else -for a change.

[lapislzi]

9. In a perfect world,

Phelps would need a kidney transplant and the only suitable donor would be gay.

That being said, I regrettably agree that Phelps' speech is protected.

[divvy]

10. I think the "harassment" claim is interesting

It is illegal to harass, and will the SCOTUS find his speech "harassment"?

[lapislzi]

11. I don't know the letter of the law on harassment

what constitutes it and what doesn't. I hope the court finds it so. I imagine intent is important. Was Phelps' intention to cause harm? I doubt they'd admit as much.