Latest posts  
March
03
  6:28:23 PM

Free speech has costs

Like, tolerating the intolerable. Ugliness and outrageous offenses defended by the very people who gave their lives for that right. It really pushes the limits…

The Supreme Court heard the Westboro Church case, and it’s a tough one to reconcile or defend.

“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,” Chief Justice John Roberts wrote for the majority.

At issue was a delicate test between the privacy rights of grieving families and the free speech rights of demonstrators, however disturbing and provocative their message. Several states have attempted to impose specific limits on when and where the church members can protest.

The church, led by pastor Fred Phelps, believes God is punishing the United States for “the sin of homosexuality” through events including soldiers’ deaths. Members have traveled the country shouting at grieving families at funerals and displaying such signs as “Thank God for dead soldiers,” “God blew up the troops” and “AIDS cures fags.”

This seems impossible to defend, each and every time we’re subjected to those signs near a funeral site. Without repeating the slogans they use to taunt media and mourners, suffice it to say they strain credulity and tolerance of speech rights that offend human and religious sensibilities.

Here’s part of Chief Justice John Roberts’ opinion:

“Westboro believes that America is morally flawed; many Americans might feel the same about Westboro. Westboro’s funeral picketing is certainly hurtful and its contribution to public discourse may be negligible,” he said. However, “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.”

Furthermore…

Only Justice Samuel Alito dissented. He said the church’s “outrageous conduct caused petitioner great injury, and the court now compounds that injury by depriving petitioner of a judgment that acknowledges the wrong he suffered,” he said. “In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner.”…

John Ellsworth, chairman of Military Families United, said the military protects the First Amendment rights that members of Westboro Baptist use to protest.

“Gold Star families deserve the respect of a grateful nation, not hate from a group who chooses to demonstrate during the funeral of their loved one,” he said. “My family has been on the receiving end of their hate and I assure all Gold Star families, this group is an anomaly and your sacrifice does not go without notice.”

Such an anomaly, it’s hard to report on this one. We have to protect free speech. But if this is what it takes

At least the tension in this case has drawn people of goodwill from different quarters vowing to provide a buffer zone for grieving families.

Freedom is vital, but it does have limits.



 
about this blog | Bookmark and Share

Search this blog

 Subscribe to Sheila's newsletter
rss Subscribe to Sheila's RSS feed

 Recent Posts
Dozens of Catholic institutions sue Obama
22 May 2012
Seeing the human face in mass media
15 May 2012
Motherhood
13 May 2012
First Lady fashion
11 May 2012
Obama’s unsurprising marriage epiphany
10 May 2012

 MercatorNet blogs
Population issues: Demography is Destiny
Family social policy: Family Edge
Style and culture: Tiger Print
News about bioethics: BioEdge
From the editors: Conniptions

 Archive
May 2012 | Apr 2012 | Mar 2012 | more >>

  From MercatorNet's home page

Sensing the sacred
25 May 2012
Is there a sense of the sacred that even the non-religious can share?

Could geoengineering save the planet?
25 May 2012
And who is thinking about the ethics of a technological quick fix?

A thought experiment about marriage
24 May 2012
A world in which sexual intimacy could not produce children would never have come up with the idea of marriage.

Australia’s lifeline: its precarious sea lanes
23 May 2012
Large, isolated and rich, Australia needs to cultivate a friendship with the US to survive in an dangerous world.

It’s only natural
22 May 2012
The bitterest debates today in the public square often turn on what is "natural". The Chinese sages had a lot…


 Tags
breast cancer, Islam, health care legislation, religion, United Nations, Christian faith, Roe v. Wade, Nancy Pelosi,