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Free Speech vs. Privacy

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Supreme Court justices seemed both troubled and divided Wednesday as they questioned whether a small Kansas church could be punished for an outrageous protest outside a military funeral…

 

“If he simply buries his son, is he a public figure open to this protest or not?” Chief Justice John Roberts, Jr. asked, receiving an equivocal answer.

 

The question is crucial, because speech about public persons and public affairs typically wins the most protection from courts.

 

“What case stands for the proposition that public speech or speech on a public matter directed toward a private person should be treated differently depending upon the recipient of the speech?” Justice Sonia Sotomayor asked, without getting a clear answer.

 

In a 1988 case pitting the Rev. Jerry Falwell versus Hustler magazine, the Supreme Court unanimously decided a public figure like Falwell could not win damages for emotional distress caused, in that case, by a harsh magazine satire. Sean Summers, the lawyer representing Snyder, repeatedly cited the Falwell case, arguing it was different because his client is a private individual.

Westboro's funeral protest clearly troubles Supreme Court
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They should have no right to this type of free speech. Sorry, I think there's a line and this group of idiots crosses it way too often. YOUR rights end when they infringe on MY rights. The Supreme Court needs to step up on this one and end the tolerance of this group and others like them. Yes, they have the right to say it - but not anywhere close to the funeral. This family should have the right to conduct the funeral free of harassment.

They should have no right to this type of free speech. Sorry, I think there's a line and this group of idiots crosses it way too often. YOUR rights end when they infringe on MY rights. The Supreme Court needs to step up on this one and end the tolerance of this group and others like them. Yes, they have the right to say it - but not anywhere close to the funeral. This family should have the right to conduct the funeral free of harassment.

 

This bunch is hateful and ignorant.

 

If they're not trespassing I can't see how we can limit their speech. Even the ignorant have rights.

 

It's my understanding that the guy calls the local authorities to find out where he's allowed by law to be and then protests from there. What exactly would he be violating if that's the case?

Can't be selective when it comes to our first amendment. There are many times when I wish we could in this country, but everyone gets the same rights. Even the hateful and ignorant.

Can't be selective when it comes to our first amendment. There are many times when I wish we could in this country, but everyone gets the same rights. Even the hateful and ignorant.

 

It's like burning the flag. I can't imagine doing it but no one should be forbidden from doing it.

It's like burning the flag. I can't imagine doing it but no one should be forbidden from doing it.

 

The "proper" way to dispose of a flag is to burn it.

The "proper" way to dispose of a flag is to burn it.

 

Correct. However, the incorrect or improper way is what upsets folks.

This bunch is hateful and ignorant.

 

If they're not trespassing I can't see how we can limit their speech. Even the ignorant have rights.

 

It's my understanding that the guy calls the local authorities to find out where he's allowed by law to be and then protests from there. What exactly would he be violating if that's the case?

 

I'd agree with that. It wouldn't surprise me to see a new city ordinance prohibiting this relatively soon.

 

A soldier should not be considered a "public figure" under the law. They do not thrust themselves into the limelight, nor do they seek publicity. Therefore, they should not be held to the same standard as Falwell or other politicians.

Where are these people's parents to smack them & tell them to show some respect?

I'd agree with that. It wouldn't surprise me to see a new city ordinance prohibiting this relatively soon.

 

A soldier should not be considered a "public figure" under the law. They do not thrust themselves into the limelight, nor do they seek publicity. Therefore, they should not be held to the same standard as Falwell or other politicians.

 

I don't see why the public vs private comes into play.

I'd agree with that. It wouldn't surprise me to see a new city ordinance prohibiting this relatively soon.

 

A soldier should not be considered a "public figure" under the law. They do not thrust themselves into the limelight, nor do they seek publicity. Therefore, they should not be held to the same standard as Falwell or other politicians.

 

Public figure stuff in speech is more about libel/slander than it is this kind of speech.

The public / private distinction has very little effect on the soldier's (or his family's) complaint, but RTS' original post mentioned the Falwell v. Hustler case & the public / private figure stuff.

 

There's no way, in my mind, that a soldier is a public figure.

I simply disagree. We already limit the freedom of speech in instances where it causes disruption:

* In schools, kids don't have the right to say whatever they want because it can disrupt the educational process.

* Speech that insights a riot is punishable.

* Slander is a way we limit free speech.

* The movement against bullying is a way we limit free speech.

 

So if this military family started rioting because of the things the protesters are saying, would both parties be in trouble? If they protested my son's funeral, I promise they'd have a riot on their hands.

 

I still believe that their rights should end at the point where they infringe on someone else's rights. Have the protest - just not where it disrupts the event. 1 mile away would be a good distance to write into law.

I believe there is a simple answer here. Pass a federal law that defines protesting at the funeral of a fallen soldier as an act of treason. That would end these protests.

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