Free Speech

According to CNN, the Fourth Circuit Court of Appeals in Richmond Virginia has ordered Albert Snyder, the father of Lance Corporal Matthew A. Snyder, a marine killed in Iraq, to pay the legal fees of the people who protested at his son's funeral. The protesters in this case were members of Fred Phelps' Westboro Baptist Church.

Phelps' church is known primarily for its repeated anti-gay protests. Phelps' motto is "God hates Fags." He blames everything from 9/11 to soldiers' deaths from IEDs on homosexuality in America. Phelps' church protested at the marine's funeral. The marine's father sued the church alleging privacy invasion, intentional infliction of emotional distress and civil conspiracy and won an initial judgment of over $10,000,000. The Fourth Circuit overturned the award and ordered the father to pay Westboro's legal fees for $16,000. Ultimately, the Supreme Court will decide the case.

First, I have to preface my further remarks by saying that I am the father of two active duty US servicemen. One is currently serving in Afghanistan with the 82nd Airborne and the other is in a job that may also place him in harms way. So it is possible that I could someday be that father. Second, I must also say that as a Christian, a military father and an American, I find the actions of Phelps and his so-called church reprehensible.

But as an American, a patriot and a believer in the First Amendment I believe the court made the right ruling. I also hope that the United States Supreme Court upholds the Fourth Circuit.

The First Amendment reads:

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.

As much as I hate the way Phelps and his church have perverted the gospel of my Lord and Savior Jesus Christ, as much as I hate the way they have attacked the Snyder family in their time of grief, as much as I hate the way they have dis-honored the memory of a young American hero — I believe that their actions are protected under the First Amendment.

In its opinion, the court said:

The protest was confined to a public area under supervision and regulation of local law enforcement and did not disrupt the church service. Although reasonable people may disagree about the appropriateness of the Phelps' protest, this conduct simply does not satisfy the heavy burden required for the tort of intentional infliction of emotional distress under Maryland law

Among the five freedoms of the First Amendment, is the freedom of speech. It is precisely this sort of speech, controversial, offensive, and uncomfortable speech that requires protection. My sons are fighting, and Lance Corporal Snyder died to protect our freedoms — including Phelps' freedom to spew his vitriol.

As much as I think this lawsuit is ill-advised, I understand that the Snyder family has incurred and will continue to incur significant legal expenses, If the judgment stands they will also have to pay the $16,000 in Phelps' legal fees. Therefore, I encourage my readers to join me in donating to the Al Snyder Fund to assist with legal fees.

I believe in the First Amendment, but I also believe in supporting the families of our fallen heroes. Semper fi!

Comments

[Jerry]

This is quite schizophrenic on your part. You oppose suppression of free speech but you encourage it anyway by paying the bills of people who attempt it. Bizarre. I think that qualifies as moral hazard.

[HawkeyeGOP]

Jerry, I agree. It is schizophrenic.

I want to support free speech. I also want to support the family of a fallen Marine.

It is schizophrenic, but it's honest.

[Erik]

I don't see any schizophrenia in the decision to support Mr. Snyder's family in this case. Out of grief he seemed to want retribution for “privacy invasion, intentional infliction of emotional distress and civil conspiracy”. Civil suits have been filed for lesser reasons than this. He received bad legal advice and pursued a course of action that ultimately did not work. Supporting the Snyder’s in this case is helping them overcome bad legal advice, not supporting an attack on free speech or “encouraging it away”. The fault here should be pinned to the attorney who thought he could win the case, not a grieving family.

I doubt that supporting this family will have any effect on free speech. The outcome at the Supreme Court level will be the same as the Fourth Circuit Court’s decision. This will set precedent and more than likely this sort of case will not be attempted again or will fail because of precedent.

[Craig]

A few "God Hates Baptists" and "Your Dead Gramma Rots in Hell" signs at their next members' funeral would probably do the trick. I'm sure the church members would then give him a REAL reason to sue.