“Thank God for Dead Soldiers.” Free Speech?

[Procrustes Stretched]

The protesters complied with local laws and instructions from the police about keeping their distance. They did not know the Snyders, and they had staged similar protests at other military funerals.

Mr. Snyder’s central claim is that the protesters intentionally inflicted emotional distress on him.

that damn liberal NYT...

The protesters complied with local laws and instructions from the police about keeping their distance. They did not know the Snyders, and they had staged similar protests at other military funerals.

Mr. Snyder’s central claim is that the protesters intentionally inflicted emotional distress on him.

In 1988, the Supreme Court ruled that the First Amendment barred the Rev. Jerry Falwell from suing Hustler Magazine for intentional infliction of emotional distress. Hustler had published a parody of an advertisement suggesting that Mr. Falwell had incestuous sex in an outhouse. (Coincidentally, Mr. Falwell expressed views not wholly different from those of the funeral protesters, saying that the nation’s attitudes toward homosexuality and abortion had played a role in the Sept. 11 attacks.)

Mr. Snyder contends that the Hustler decision should not apply to suits brought by one private person against another. In libel and other cases, the Supreme Court has limited the First Amendment protection afforded to purely private speech.

A three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., unanimously ruled against Mr. Snyder, though the judges split 2-to-1 over the rationale. The majority said the messages on the protesters’ signs were protected under the First Amendment because they addressed matters of general interest.

“As utterly distasteful as these signs are,” Judge Robert B. King wrote for the majority, “they involve matters of public concern, including the issues of homosexuals in the military, the sex-abuse scandal within the Catholic Church, and the political and moral conduct of the United States and its citizens.”

The Supreme Court will consider the case, Snyder v. Phelps, No. 09-751, in the fall.

 

[Granny]

It probably will be seen as free speech, but these people are worse than crazy. Considering how many people from the colonists to today have served in the military and the number of those who died for this country have damned well earned the right to be respected. Unfortunately, there are way too many ingrates in this country.

 

[Claudette]

It probably will be seen as free speech, but these people are worse than crazy. Considering how many people from the colonists to today have served in the military and the number of those who died for this country have damned well earned the right to be respected. Unfortunately, there are way too many ingrates in this country.

You got that right.

If this was a war they "approved" of they would be out there showing respect.

Unfortunately some in this country see the military as the enemy not those that send the military. Its much easier to show up at someones funeral and show disrespect to a soldier who died while carring out his orders than to actually go to DC and go after those that sent out the orders.

Some people really do suck.

 

[CurveLight]

It probably will be seen as free speech, but these people are worse than crazy. Considering how many people from the colonists to today have served in the military and the number of those who died for this country have damned well earned the right to be respected. Unfortunately, there are way too many ingrates in this country.

You got that right.

If this was a war they "approved" of they would be out there showing respect.

Unfortunately some in this country see the military as the enemy not those that send the military. Its much easier to show up at someones funeral and show disrespect to a soldier who died while carring out his orders than to actually go to DC and go after those that sent out the orders.

Some people really do suck.

To defend only the Speech you accept is to reject the Constitution.

 

[AllieBaba]

Read it again, genius. Both posters said it was protected, but tasteless.

 

[tigerbob]

It's an interesting question.

As I recall, part of Hustler's defense was that their cartoon was clearly a joke to hold Falwell up to ridicule. I don't know about anybody else, but I don't see how "God hates you" and "Thank God for dead soldiers" could be interpreted as a joke.

Somewhat different issue, so I wouldn't be surprised if this prompts a split decision from the SCOTUS.

 

[Old Rocks]

Well, in such cases as this, I would have to say that it is their right to be so wrong. And it would be my right to go to jail for busting one of their noses.

 

[Newby]

It probably will be seen as free speech, but these people are worse than crazy. Considering how many people from the colonists to today have served in the military and the number of those who died for this country have damned well earned the right to be respected. Unfortunately, there are way too many ingrates in this country.

You got that right.

If this was a war they "approved" of they would be out there showing respect.

Unfortunately some in this country see the military as the enemy not those that send the military. Its much easier to show up at someones funeral and show disrespect to a soldier who died while carring out his orders than to actually go to DC and go after those that sent out the orders.

Some people really do suck.

This bunch of idiots doesn't see the military as the enemy, they're doing whatever they can to gain attention, and this has worked for them. From what I've read, this so called church is just an extended family who are all attorneys. They stage these demonstrations in the hopes of someone doing something stupid and then they can sue. They're looking for the city, township, etc... to deny them permits and then they'll file a lawsuit. I wish the media would stop reporting on them and giving them attention.

It's a shame that it has affected this soldier's family that much tho, these people are meaningless and they should put them in their proper place and not give them a second thought. In no way did their disgusting behaviour outside of his funeral tarnish this man's honor.

 

[Sarah G]

Of course just like everything under the sun is free speech to Repubs.. For example, when Ann Coulter said the 911 widows enjoyed their husband's death..

 

[Zoom-boing]

Of course just like everything under the sun is free speech to Repubs.. For example, when Ann Coulter said the 911 widows enjoyed their husband's death..

Repubs ???

Here's some shit spewed forth by that ever zany, but oh so asinine, Sean Penn.

First Amendment be damned . . . If Oscar-winning actor Sean Penn had his way, any journalist who called Venezuelan President Hugo Chavez a dictator would quickly find himself behind bars.

Penn, appearing on HBO's "Real Time with Bill Maher" on Friday, defended Chavez during a segment in which he detailed his work with the JP Haitian Relief Organization, which he co-founded.

"Every day, this elected leader is called a dictator here, and we just accept it, and accept it" said Penn, winner of two Best Actor Academy Awards. "And this is mainstream media, who should -- truly, there should be a bar by which one goes to prison for these kinds of lies."

It was just the beginning of a busy weekend for Penn. When asked on CBS' "Sunday Morning" about those who question his motives for his humanitarian work in Haiti, he said:

"Do I hope that those people die screaming of rectal cancer? Yeah. You know, but I'm not going to spend a lot of energy on it."

FOXNews.com - Sean Penn Wants Reporters Jailed for Calling Chavez 'Dictator'


Loony? Absolutely. But he has the right to say it.

 

[Bill O'Olberman]

It's an interesting question.

As I recall, part of Hustler's defense was that their cartoon was clearly a joke to hold Falwell up to ridicule. I don't know about anybody else, but I don't see how "God hates you" and "Thank God for dead soldiers" could be interpreted as a joke.

Somewhat different issue, so I wouldn't be surprised if this prompts a split decision from the SCOTUS.

Very different issue. The issue in Hustler was parodius speech making fun of a public figure.

The issue here is being able to protest/express ones beliefs. This would be like telling Republicans they couldnt protest outside of abortion clinics or democrats that they couldnt protest outside a george Bush speech. Of course most everyone detests the God Hates Fags/Fred Phelps Chruch.

 

[CrusaderFrank]

Well, in such cases as this, I would have to say that it is their right to be so wrong. And it would be my right to go to jail for busting one of their noses.

Beat me to it

The protesters are crying out for a Sonny Corleone Garbage Can Lid beating

 

[Sarah G]

Of course just like everything under the sun is free speech to Repubs.. For example, when Ann Coulter said the 911 widows enjoyed their husband's death..

Repubs ???

Here's some shit spewed forth by that ever zany, but oh so asinine, Sean Penn.

First Amendment be damned . . . If Oscar-winning actor Sean Penn had his way, any journalist who called Venezuelan President Hugo Chavez a dictator would quickly find himself behind bars.

Penn, appearing on HBO's "Real Time with Bill Maher" on Friday, defended Chavez during a segment in which he detailed his work with the JP Haitian Relief Organization, which he co-founded.

"Every day, this elected leader is called a dictator here, and we just accept it, and accept it" said Penn, winner of two Best Actor Academy Awards. "And this is mainstream media, who should -- truly, there should be a bar by which one goes to prison for these kinds of lies."

It was just the beginning of a busy weekend for Penn. When asked on CBS' "Sunday Morning" about those who question his motives for his humanitarian work in Haiti, he said:

"Do I hope that those people die screaming of rectal cancer? Yeah. You know, but I'm not going to spend a lot of energy on it."

FOXNews.com - Sean Penn Wants Reporters Jailed for Calling Chavez 'Dictator'


Loony? Absolutely. But he has the right to say it.

So what? Are you saying that means there are no hateful Repubs.. There are a lot more extreme and hateful Rs than Ds.

They invented hate journalism and it is alive and well today.

 

[Big Black Dog]

Very very poor taste on the part of the protesters. Wonder how they would react if somebody showed up at their mother or father's funeral and pulled some shit like this. I think they should be collectively rounded up and horse whipped.

 

[editec]

The good KKKristians of the Westboro Baptist Church in Topeka, Kan., can kiss my lily white liberal ass.

I would not have the slightest difficulty finding five or ten of my fellow liberals willing to show up at one of their protests ready willing and able to kick the asses of people who think that some person's military funeral is the right venue to protest.

We may be liberals, but we're sure as hell not pacifists.

 

[Zoom-boing]

Of course just like everything under the sun is free speech to Repubs.. For example, when Ann Coulter said the 911 widows enjoyed their husband's death..

Repubs ???

Here's some shit spewed forth by that ever zany, but oh so asinine, Sean Penn.

First Amendment be damned . . . If Oscar-winning actor Sean Penn had his way, any journalist who called Venezuelan President Hugo Chavez a dictator would quickly find himself behind bars.

Penn, appearing on HBO's "Real Time with Bill Maher" on Friday, defended Chavez during a segment in which he detailed his work with the JP Haitian Relief Organization, which he co-founded.

"Every day, this elected leader is called a dictator here, and we just accept it, and accept it" said Penn, winner of two Best Actor Academy Awards. "And this is mainstream media, who should -- truly, there should be a bar by which one goes to prison for these kinds of lies."

It was just the beginning of a busy weekend for Penn. When asked on CBS' "Sunday Morning" about those who question his motives for his humanitarian work in Haiti, he said:

"Do I hope that those people die screaming of rectal cancer? Yeah. You know, but I'm not going to spend a lot of energy on it."

FOXNews.com - Sean Penn Wants Reporters Jailed for Calling Chavez 'Dictator'


Loony? Absolutely. But he has the right to say it.

So what? Are you saying that means there are no hateful Repubs..

Not at all, merely pointing out it runs both side of the aisle. But I see you're wearing your partisan shades.

There are a lot more extreme and hateful Rs than Ds.

They invented hate journalism and it is alive and well today.

 

[Harry Dresden]

Of course just like everything under the sun is free speech to Repubs.. For example, when Ann Coulter said the 911 widows enjoyed their husband's death..

well Sarah it is.....you just have to remember...with free speech comes responsibility....and what you say may have repercussions....and you may have to suffer the consequences of those repercussions....

 

[Harry Dresden]

So what? Are you saying that means there are no hateful Repubs.. There are a lot more extreme and hateful Rs than Ds.

They invented hate journalism and it is alive and well today.

Sarah...what you just said about "hate journalism"....it all depends on what side is running the show.....the Repubs dont own this stuff....i have seen quite a few nasty articles written by a "Leftist".....

 

[strollingbones]

It probably will be seen as free speech, but these people are worse than crazy. Considering how many people from the colonists to today have served in the military and the number of those who died for this country have damned well earned the right to be respected. Unfortunately, there are way too many ingrates in this country.

it is free speech....i have noted this trend against free speech of late...slippery slope

 

[AllieBaba]

Yes indeed.