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Legal Commentary
: LawPunditU.S. Supreme Court Stumbles and Falls on its Head in Snyder v. Phelps 8-1 Decision Protecting Hateful Speech by Sham Religious Group Inflicting Injury on Normal Citizens
By Andis Kaulins
Justice Alito in dissent, BRAVO! It is nice to see one man left on the Supreme Court defending the RIGHTS of normal, decent citizens.
No wonder that America is currently in the mess it is in.
Legal "Constitutional" hype -- which is how one can label the majority opinion by Chief Justice Roberts Jr. -- that has nothing to do with the reality of the actual world can not masquerade as law or wise decision-making, even if pronounced by the nation's highest court. Principles are not pablum, they must be invested with REALITY.
Justice Breyer, the Court's "intellectual" Justice, posted a concurring opinion, waffling about "picket rights" rather than dealing with the core legal issue, which is the issue of self-proclaimed "religious" groups using "free speech" as a cover for violating the rights of others. Avoidance of the central issue, dear Justice, is not good judging, it is merely sad intellectualism.
We posted previously about Snyder v. Phelps here.
America must learn that there are limits of good common sense on the rights of free speech -- as limited by OTHER rights of citizens -- or the nation will go under, as it is in the process of doing.
The United States has forgotten that "free speech" was designed as a right to PROTECT people, not to harm them. When rogues are protected and the normal citizens are injured by the law, a nation has lost its way and is in serious trouble, as it is.
Full post as published by LawPundit on March 02, 2011 (boomark / email).
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