The Cost of Free Speech

Yesterday the Supreme Court upheld the right of Westboro Baptist Church to protest at military funerals with violent anti-gay messages that has provoked outrage across the country. In this free-speech ruling, the court ruled that the first amendment even protects messages like:

“Thank God for Dead Soldiers”

“God Hates Fags”

“God is Your Enemy”

The Right to Free Speech Doesn’t Always Make it Right

The court’s 8-1 decision in Snyder v. Phelps shields the Topeka, Kan.-based Westboro church from being sued for intentional infliction of emotional distress despite speech that Roberts called “hurtful.” The ruling didn’t reverse the myriad of funeral-protest restrictions that states have imposed, and it still permits governments to reasonable regulate the time, place and manner of public speech.
“Given that Westboro’s speech was at a public place on a matter of public concern, that speech is entitled to special protection under the First Amendment,” Chief Justice John Robert Jr. wrote for the majority.

“Westboro’s funeral picketing is certainly hurtful and its contribution to public discourse may be negligible,” Roberts acknowledged in his 15-page majority opinion. “But…speech cannot be restricted simply because it is upsetting or arouses contempt.”

The Cost of Free Speech

When I first read the article I was outraged like many people.

It’s just sick.

Seriously? These assholes can’t find anything better to do with their lives? Like, oh—I don’t know—maybe…give food to the hungry? Provide shelter to the homeless?

But as I read more about the ruling and the people behind it, I began to see a glimmer of hope. The family in this case, were not left to deal with these “crazies” (as I call them) alone while they face one of the darkest periods of their life. People in their military community, people in their neighboring community, and people in their church community stepped up to protect this family and fight against these protestors who apparently have nothing better to do with their lives but picket a military funeral.

I can’t image what my family would do if this happened at one of our funerals. Actually, I know what would happen—and one of my family members (probably a few of them, in fact) would undoubtedly end up in jail. I actually have two uncles buried in Arlington National Cemetery and if this happened when they were put to rest, one of my family members would have issued the “call.” And it only takes one call to alert the men and women who fought alongside them to “deal” with the situation.

Meet the Patriot Guard

In this particular case, this family did not see the protest at his funeral because of the makeshift shield of American flags, motorcycles and people that the Patriot Guard established between the church and the protestors. The Guard, founded in 2005, provides shields at the invitation of soldier’s families. Needless to say, Patriot Guard co-founded Terry Houck was not pleased by the court’s ruling.

“I do understand their decision on our First Amendment rights; however, it is morally wrong and it is spirituality wrong, and all of us who stand together at these funerals disagree that a small group of fanatics can hide behind a false religion and continue to inflict emotional abuse as those families bury their loved ones.”

Speaking of it being spiritually and morally wrong, Pastor John Henry of Central Community Church in west Wichita, the site of the funeral for Spc. Tom Moffitt, a Wichita soldier who was killed Oct. 23 in southeastern Afghanistan, said that although the Supreme Court may have ruled correctly on the freedom-of-speech issue, the biggest problem with the protestors is the way they misrepresent Jesus Christ.

‘Ya think?

"For people who claim Christianity and anything to do with Christ to be so mean is out of character for who he was and what he stood for," Henry said. The Phelpses’ have picketed at the church during Sunday morning services because they think Henry isn't hard enough on homosexuals, he said. They come out screaming obscenities and flashing obscene signs.

This is What We Fight For

Veterans find it hard to square the ruling with the constitutional right that they swore to protect.

"We fought for the right to freedom of speech, but we need to strike a balance between protecting free speech and protecting grieving families," said Paul Rieckhoff, executive director of the Iraq and Afghanistan Veterans of America, a nonpartisan support group.

I think everyone should be thankful that we live in a country that will protect even the most misguided of all Americans. This is a right not every country has and one that needs to be carefully upheld in our courts and protected each and every day.