Supreme Court Rules Westboro Baptist Church Hate Mongering Protected Under First Amendment

The hate mongering anti-gay antics of the Westboro Baptist Church are protected under the First Amendment, the Supreme Court ruled Wednesday, the court voting 8-1 in favour of the Topeka, Kansas-based church, upholding an appeals court decision that dismissed a $5 million judgement to the father of a dead Marine who had sued church members after they picketed his son’s funeral, according to a report by the Associated Press. Chief Justice John Roberts wrote the opinion for the court. Justice Samuel Alito dissented. Roberts said free speech rights in the First Amendment protect the funeral protesters, noting that they obeyed police directions and were 1,000 feet from the church. "Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker," Roberts said. "As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate." Alito strongly disagreed, saying "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case." Matthew Snyder was killed in Iraq in 2006 and his body was returned to the United States for burial. Members of the Westboro Baptist Church, who have picketed military funerals for several years, decided to protest outside the Westminster, Maryland church where his funeral was to be held. The Revered Fred Phelps and his family members who make up most of the Westboro Baptist Church have picketed many military funerals in their quest to draw attention to their incendiary view that United States deaths in Afghanistan and Iraq are God's punishment for the nation's acceptance of homosexuality. They appeared with their usual signs, including "Thank God for dead soldiers," ''You're Going to Hell," ''God Hates the USA/Thank God for 9/11," and one that combined the U.S. Marine Corps motto, Semper Fi, with a slur against gay men. The WBC members drew counter-demonstrators, as well as media coverage and a heavy police presence to maintain order. The result was a spectacle that led to altering the route of the funeral procession. Several weeks later, Albert Snyder happened to find a poem on the WBC website attacking Matthew's parents for the way they brought up their son. Soon after, Snyder filed a lawsuit accusing the Phelps of intentionally inflicting emotional distress. He won $11 million at trial, later reduced by a judge to $5 million. The federal appeals court in Richmond, Va., threw out the verdict and said the Constitution shielded the church members from liability. 48 states, 42 U.S. senators and veterans groups sided with Snyder, and requested that the court shield funerals from the Phelps family's "psychological terrorism." However, while distancing themselves from the church's message, media organizations, including The Associated Press, urged the court to side with the Phelps family because of concerns that a victory for Snyder could erode speech rights. Margie Phelps, a daughter of the minister and an attorney who argued the case at the Supreme Court, said she expected the outcome. "The only surprise is that Justice Alito did not feel compelled to follow his oath," Phelps said. "We read the law. We follow the law. The only way for a different ruling is to shred the First Amendment." She also offered her church's view of the decision. "I think it's pretty self-explanatory, but here's the core point: The wrath of God is pouring onto this land. Rather than trying to shut us up, use your platforms to tell this nation to mourn for your sins."