Very dangerous threat to the first amendment!
Justices appear set to limit funeral protests
latimes.com
excerpt:
In a case testing the boundaries of free speech, the Supreme Court hears arguments in the matter of a dead Marine's family that was targeted by protesters. Justice Breyer says the court's ruling will have an impact on the Internet, since it tests whether personal attacks can lead to lawsuits.
The Supreme Court justices, hearing arguments Wednesday in a funeral protest case, sounded as though they are inclined to set a limit to the free-speech rule to permit lawsuits against those who target ordinary citizens with especially personal and hurtful attacks.
The First Amendment says the government may not infringe the freedom of speech, but it is less clear whether it also shields speakers from private lawsuits.
At issue Wednesday was whether the Maryland father of a Marine killed in Iraq could sue a Kansas family which protested near his funeral. The Phelps family not only held signs that said "Thank God for IEDs," but they also put on their website a message that accused Albert Snyder of having raised his son "to defy the Creator" and "serve the devil."
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First of all, I think it is deplorable than anyone would protest at the funeral of a dead service member and lob insults at the grieving family of the deceased. If someone did that to my family, I would want to kill those responsible.
Second of all, I think it is ridiculous that this is being considered by the SCOTUS.
The family could be more clever about the issue. For example, they could sue the protesters for slander and libel for speaking and printing lies. There are existing laws that govern slander and libel, which have nothing to do with the first amendment.
For example, if a protester holds a sign that says "Marine Sgt. Smith is a war criminal and a baby killer," that is libel if it cannot be proven true. If someone shouts the same false insults, it's slander and defamation of character. If the protesters cannot prove the charges, they can be sued for libel, slander, and defamation of character. See how easy that is?
Indeed, this is a very dangerous solution the Supreme Court is considering. Freedom of speech must remain an absolute right, wihout exception.
Also, to prevent unwanted protests at funerals, a better solution would be for funeral homes to (a) provide better security, (b) conduct funerals by invitation only, and (c) provide a more private setting for funerals.
If the Supreme Court rules that funeral protesters can be sued by a grieving family for their words alone, we may as well kiss the first amendment goodbye, because even this Obama Disaster thread and the exchanges that take place here could result in lawsuits.
Bottom line: Sue for slander, libel, and defamation of character! Leave the first amendment out of this! |
