Westboro and the Court

I didn’t plan on writing a third Supreme Court blog in a row, but with the news that the Court ruled in favor of the Westboro Baptist Church on Wednesday, the blog could not be silenced.  The members of the Westboro church, the pride of Topeka, Kansas, are the delightful people who choose to demonstrate at the funerals of American soldiers who have been killed in action.  “Reverend” Fred Phelps and his flock, most of whom are related to him, really don’t like homosexuals.  They feel that America’s depravity as evidenced by our government’s tolerance of gays and lesbians is being punished by war deaths in Afghanistan and Iraq.  So to call attention to this, they picket soldier’s funerals holding signs with all manner of reprehensible slogans.  The family of Marine Corporal Matthew Snyder sued the church after they protested at his 2006 funeral in Westminster, MD.

“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.”

These are the words of the First Amendment to the US Constitution.  Also known as “Free Speech”, Amendment 1 is the greatest protection that we have against tyranny, and is one of our core strengths.  It allows for anyone in this country to speak his or her mind about any issue or to criticize the government.  Newspaper editorials, talk radio, internet blogging, etc, are all permitted without fear of government retribution.  The freedom to speak ensures that the United States government must listen to its people.  It is the peoples’ check and balance.  This freedom comes with a price however.  Along with the rights of well meaning people to express themselves, the First Amendment also protects the stupid, and the evil.  That is why the Ku Klux Klan is allowed to march, flag burners don’t go to jail, and Nazis can legally publish their hate.  The Supreme Court decided Wednesday that the amendment protects the Westboro clan too. 

The decision was 8-1 with Justice Alito the lone dissenter.  With a court that is pretty evenly divided ideologically, one has to think that with such an overwhelming majority, the Court got it right.  As much as our sense of decency and justice sides with the Snyders, Phelps and the church have the Constitution in their corner.  Freedom is a wonderful thing, but it has a messy side.  In order for us to have free speech, we have to protect the rights of skinheads, racists, and reprehensible people like Phelps too. 

The Westboro people are celebrating now, but don’t think they’ve really won anything.  Decisions like this have a way of creating common ground among those in opposition.  Leather clad bikers will keep following Westboro to funerals and shielding grieving families from their noise and signs.  They may be joined by other decent counter-protesters who may choose to exercise their First Amendment rights to protest against Westboro.  The Supreme Court is the highest legal authority in this country, but in due time, when Fred Phelps and the members of his hypocritical church favor the world by taking their last breaths, they will be judged by a higher authority.  And there will be no First Amendment protection in that court.