Intellectual Property Law

Funeral Flap: Justices Weigh Religion, Speech Rights

By David Kravets

The Supreme Court agreed Monday to delve into the sensitive question of whether the First Amendment protects anti-gay protesters carrying placards outside military funerals, bearing “America is Doomed,” “Thank God for 9/11″ and other volatile slogans, like “Thank God for dead soldiers.”

The messages and picketing are part of a Kansas church’s belief that the United States’ tolerance for homosexuality is cause for soldiers’ deaths in Iraq and Afghanistan.

The case the justices decided to review Monday tests the boundaries of free speech versus freedom of religion — doctrines both embodied in the First Amendment.

Without comment, the justices agreed to review last year’s federal appellate decision that overturned a $5 million verdict (.pdf) in favor of a Baltimore man who sued the Westboro Baptist Church of Topeka and its pastor, Fred Phelps, in 2006. The father of Marine Lance Cpl. Matthew Snyder was awarded damages for, among other things, invasion of privacy and emotional distress for the events that occurred outside his son’s funeral at a Catholic church in Maryland.

“Whether the freedom of religion and assembly is subordinate to the freedom of speech is an important question because by necessary implication, one of the tenets of the First Amendment is undermined,” (.pdf) lawyers for the soldier’s father, Albert Snyder, told the high court in a filing.

His lawyers told the justices that the presence of Phelps and a handful of others “created a negative and circus-like atmosphere during a solemn and religious occasion” and “added insult to injury during a time of grief and mourning.” The protesters also displayed a banner depicting two men engaging in anal sex.

Lawyers for Phelps, however, urged the court to stay out of the case, saying the deaths of U.S. soldiers are a matter of public concern and debate.

“How these soldiers are living and dying is a topic of substantial public interest and dialogue, at least nationwide, probably worldwide. The prevailing view is that the soldiers are heroes, and that God is obligated to bless America,” (.pdf) Phelps’ lawyers wrote. “Those views clash with the Bible, in respondents? sincerely held religious opinion, and when these funerals are used to express those viewpoints, respondents feel duty-bound to provide a countervailing message, to wit, if you want God?s blessings, you have to obey him, and if you want the soldiers to stop dying, you have to stop sinning in this nation.”

Photo: The Rev. Fred Phelps prepares to protest outside the Kansas Statehouse in Topeka in 2006./Associated Press

Full post as published by Threat Level on March 08, 2010 (boomark / email).