And Hate Speech

Dictionary.com defines hate speech as speech that attacks a person or group on the basis of race, religion, gender, or sexual orientation. It is important to note that hate speech is not a crime and is in fact protected by the 1st Amendment of the Constitution which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Westboro Baptist Church is an “Old School” Baptist church from Topeka, Kansas that was founded in 1955 by Pastor Fred Phelps. According to their website the church adheres to the teachings of the bible and they preach against all sin. This includes fornication, adultery, divorce, remarriage and sodomy.

The following is directly from their website, “WBC engages in daily peaceful sidewalk demonstrations opposing the homosexual lifestyle of soul-damning, nation-destroying filth. We display large, colorful signs containing Bible words and sentiments, including: GOD HATES FAGS, FAGS HATE GOD, AIDS CURES FAGS, THANK GOD FOR AIDS, FAGS BURN IN HELL, GOD IS NOT MOCKED, FAGS ARE NATURE FREAKS, GOD GAVE FAGS UP, NO SPECIAL LAWS FOR FAGS, FAGS DOOM NATIONS, THANK GOD FOR DEAD SOLDIERS, FAG TROOPS, GOD BLEW UP THE TROOPS, GOD HATES AMERICA, AMERICA IS DOOMED, THE WORLD IS DOOMED, etc.”

Members of the congregation (which are mostly Phelps family members) “picket” or protest at the funerals of US Service men and women who have been killed while on active duty in Iraq.

On March of 2006 the WBC picketed the funeral of Marine Matthew A. Snyder in Maryland. On June of 2006 Albert Snyder, the father of the deceased Marine sued Fred W. Phelps, the Westboro Church, Rebekah Phelps-Davis and Shirley Phelps-Roper for defamation, invasion of privacy and intentional infliction of emotional distress.

In 2007 a jury awarded Albert Snyder a total of $10,900,000 dollars in damages. In 2009 the case was heard by the 4th Circuit Court of Appeals and ruled that WBC’s protests were a form of free speech. Albert Snyder was ordered to pay WBC’s court fee’s which totaled just over $16,000. Albert Snyder took this his case against the WBC directly to the Supreme Court.

The case reached the Supreme Court in March of The three questions that were presented to the court were: 1. Does Hustler Magazine, Inc. v. Falwell apply to a private person versus another private person concerning a private matter? 2. Does the First Amendment's freedom of speech tenet trump the First Amendment's freedom of religion and peaceful assembly? 3. Does an individual attending a family member's funeral constitute a captive audience who is entitled to state protection from unwanted communication? (Snyder v. Phelps, 2010)

Those who filed on behalf of the WBC: ACLU Reporters Committee for Freedom of the Press National Public Radio The Associated Press The First Amendment Project And many others. The Senate Majority and Minority Leaders The Veterans of Foreign Wars 47 individual states The City of Washington DC And many others Those who filed on behalf of Albert Snyder

Chief Justice Roberts wrote in the Majority’s opinion, “The jury here was instructed that it could hold Westboro liable for intentional infliction of emotional distress based on a finding that Westboro’s picketing was 'outrageous.' 'Outrageousness,' however, is a highly malleable standard with 'an inherent subjectiveness about it which would allow a jury to impose liability on the basis of the jurors' tastes or views, or perhaps on the basis of their dislike of a particular expression.” (Greidner, 2011) The Dissent which came from justice Samuel Alito stated, “Respondents' outrageous conduct caused petitioner great injury, and the Court now compounds that injury by depriving petitioner of a judgment that acknowledges the wrong he suffered”. (Gregory, 2011)

This means that the Constitution protects almost all forms of speech whether we agree with it or not. Snyder v. Phelps helped solidify this even though what the Westboro Baptist Church was doing was horrible in the eyes of most Americans. So what do you think about cases like this? Should the free speech of certain groups or individuals be curtailed just because we find it repulsive and disgusting?

Snyder v. Phelps, (The Supreme Court March 8, 2010). Gregory, S. (2011, March 2011). Why the Supreme Court Ruled for Westboro. Retrieved from Time.com: 13,00.html Greidner, C. (2011, March 2). Supreme Court Upholds Westboro Baptist Church Members' Right to Picket Funerals. Retrieved from Poliglot.com: -court-upholds-westboro.html