News / USA

US Supreme Court Decides Major Free Speech Case

A 2010 file photo shows Westboro Baptist Church members holding anti-gay signs at Arlington National Cemetery in Virginia on Veterans Day, November 11, 2010
A 2010 file photo shows Westboro Baptist Church members holding anti-gay signs at Arlington National Cemetery in Virginia on Veterans Day, November 11, 2010
TEXT SIZE - +

The U.S. Supreme Court has issued an important ruling on the issue of free speech, deciding in favor of a controversial church group that likes to protest at military funerals.

By a vote of 8-1, the Supreme Court upheld the right of the Westboro Baptist Church in Topeka, Kansas, to hold anti-gay protests at the funerals of soldiers and Marines killed in the wars in Afghanistan and Iraq.

The court upheld what is known as First Amendment rights for the protesters, who believe that the military deaths in combat are God’s punishment for tolerance of homosexuality in the United States.

The First Amendment to the U.S. Constitution protects freedom of speech, freedom of religion and freedom of peaceable assembly.

The high court’s majority opinion was written by Chief Justice John Roberts who said speech is powerful and can stir people to action and also inflict great pain.  Roberts said the nation had long decided to protect even hurtful speech on public issues so that public debate is not stifled.

The decision follows oral arguments before the high court last October when church member Margie Phelps argued the case before the nine justices and later spoke to reporters.

"The rule of law is that the mere fact that you take offense at words or call yourself having your feelings hurt over words is not enough to shut up the speech," said Phelps.

Margie Phelps is the daughter of the Reverend Fred Phelps, the leader of the fundamentalist Westboro Baptist Church who organizes the protests that often feature signs that say "Thank God for dead soldiers”"

Only one justice, Samuel Alito, dissented in the case.  Alito said a national commitment to free and open debate is not a license for vicious verbal assault.

The Supreme Court was asked to decide the case after a lower federal court sided with the family of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in 2006.

Church members protested at Snyder’s funeral in Maryland, and his family sued the church group for emotional distress.  A lower court sided with the Snyder family, but a federal appeals court threw out that verdict, setting the stage for a showdown at the Supreme Court.

Matthew Snyder’s father, Albert spoke to reporters after last October’s oral arguments at the Supreme Court.

"All we wanted to do was bury Matt with dignity and respect," said Snyder. "There is a civilized way to express an opinion in America, but it does not involve intentionally inflicting emotional distress on others and intentionally harming a private citizen at a private funeral."

Legal analysts say the ruling is one of the most significant free-speech cases to come before the Supreme Court in the past several years.

You May Like

Doctors Without Borders Shuts Clinic in Northern Nigeria

Decision comes after five gunmen hijacked an aid vehicle on Saturday More

Experts Weigh In on Challenges of Closing Guantanamo Prison

Former chief military prosecutor at Guantanamo delivers petition to White House with more than 370,000 signatures, demanding facility be closed down immediately More

Karzai to Discuss Enhancing Defense Ties with India

Afghanistan looking for more military aid as it prepares for withdrawal of NATO forces by next year More

Burmese President Opens US Visit with VOA Town Hall Meeting

Ahead of his meeting with President Obama Monday, Thein Sein answered questions on human rights and economic development in his country More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Video

Video Calls Grow For An End to Sexual Assaults in US Military

A recent Pentagon report says the number of sexual assaults among people in the military continues to grow. The estimated number of incidents, ranging from groping to rape, increased by 37 percent last year. Both men and women were victims. This is prompting them, and activists, to push for deep changes in the US military. VOA Pentagon correspondent Luis Ramirez reports.