The Supreme Court ruled in favor of the Westboro Baptist Church in the case of Snyder v. Phelps last Wednesday. The case came to trial after the father of dead marine Mathew Snyder filed a suit against members of the Westboro Baptist Church, who picketed his son’s funeral. The members were publicizing the message that God kills American soldiers because the United States “tolerates” homosexuality.
For those of you who aren’t familiar with the Westboro Baptist Church, it is headquartered in a small residential area in Topeka, Kan. The church is famous — or, rather infamous — due to their extremist stance against homosexuality. They are most known for “innovative” signs that read “God hates fags!” and “God hates America!” Although the cult numbers less than 90 members, the Westboro Baptist Church produces an endless amount of publicity by picketing events and funerals — such as in the case of Snyder v. Phelps. The church has brought into question many philosophical challenges to the notion of free speech.
The Supreme Court ruled in favor of the church on the grounds of the First Amendment. Eight of the nine Supreme Court justices agreed that the First Amendment protects anti-gay protests at military funerals. What’s interesting about the ruling in this case is that in this country, you can be sued for publishing something untrue about a company. Take Starbucks, for instance. I probably wouldn’t lose the case, but I could get sued for writing about how their coffee really isn’t coffee, but a strange mixture of artificial ingredients. For the record, I don’t really know anything about how Starbucks makes their coffee — so please don’t sue me. But, this brings into question: why shouldn’t you be culpable for saying something false and offensive about another human being?
There are many other countries that we consider “free,” where saying something false and offensive to another person is punishable. For example, a video of fashion designer John Galliano was leaked, showing him insulting a group of people by making anti-Semitic comments and “praising” Hitler. He was subsequently fired from the Parisian fashion house and will be put on trial by the French government, where such remarks are a crime.
The problem with prosecuting members of the Westboro Baptist Church is that it would be “un-American.” It would be inconsistent with the American view of freedom of speech, as outlined in the First Amendment. When it comes to issues regarding freedom of speech, our country practices a form of “tough love.” We’re supposed to take matters into our own hands and fight back with words of our own, not file lawsuits or seek prosecution.
What bothers me most about the Supreme Court’s decision on the basis of the First Amendment is that the Constitution’s vision of freedom of speech is that it is this same vision that countless soldiers — including Mathew Snyder — have died to protect.
However, I can’t argue that the Supreme Court decision was inconsistent. The justices build on a conventional framework, which holds that speech in a public place regarding public concern is and should be protected by the constitution, regardless of how offensive and outrageous they may be. Nevertheless, it seems to me that a line should be drawn when dealing with something as sensitive and emotional as disrupting funerals and making hateful remarks.
Rudy Mendoza is a sophomore communications major and contributing writer for the Daily 49er.
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