March 08, 2010
— Dave in Texas A lawsuit filed by the father of fallen Lance Corporal Matthew Snyder against the despicable and deranged Westboro Phelps kooks.
I'm not the legal guy so I'm not really qualified offer up any analysis. The case was filed by the Marine's father for intentional infliction of emotional distress for their asinine and offensive protest at his son's funeral in Westminster, MD., it resulted in a $5MM judgement against Westboro, but was overturned by the 4th US Circuit Court of Appeals.
Here's my analysis: these Phelps assholes are batshit crazy obnoxious bags of douche, and I would not lay down my life (or lift a finger) to defend their right to speak publicly if all they were doing was ordering a bacon cheeseburger at Jack in the Box.
Posted by: Dave in Texas at
12:06 PM
| Comments (56)
Post contains 143 words, total size 1 kb.
Posted by: Mr. Constitutional Law Lecturer at March 08, 2010 12:12 PM (QKKT0)
Posted by: Buzzsaw at March 08, 2010 12:14 PM (zBxXz)
Posted by: dagny at March 08, 2010 12:14 PM (xTpw2)
Posted by: Mr. Constitutional Law Lecturer at March 08, 2010 12:15 PM (QKKT0)
Posted by: Jane D'oh at March 08, 2010 12:18 PM (UOM48)
Posted by: Buzzsaw
The AOSHQ pudding flume ride would be a nice touch.
Posted by: Blue Hen at March 08, 2010 12:18 PM (R2fpr)
Posted by: rightzilla at March 08, 2010 12:18 PM (rVJH4)
Posted by: GreenGasEmissions at March 08, 2010 12:19 PM (/NZLf)
Posted by: da kine at March 08, 2010 12:24 PM (IaZFb)
Posted by: GreenGasEmissions at March 08, 2010 12:24 PM (/NZLf)
Posted by: Das Kunt at March 08, 2010 12:26 PM (27iEn)
I have the right to stand in a line with a bunch of other guys on bikes and block the family's view of them.
Posted by: GreenGasEmissions at March 08, 2010 12:26 PM (/NZLf)
Posted by: Jean at March 08, 2010 12:26 PM (7K04W)
This writeup gives a little more detail on this case
Although neither story gives this info, my understanding was that the “protest” by these cretins took place on the highway leading to the cemetery and not at the actual funeral itself.
Although I think their actions are despicable and outrageous I donÂ’t think SCOTUS will or should rule in favor of the plaintiffs here.
What should have happened is that a collection of local rednecks should have pulled up next to Phelps and his crowd BEFORE the funeral and told them to either get their asses down the road or get them kicked. A binary solution set there.
Posted by: Vic at March 08, 2010 12:26 PM (QrA9E)
"I would not lay down my life (or lift a finger) to defend their right to speak publicly if all they were doing was ordering a bacon cheeseburger at Jack in the Box."
C'mon...we're talkin' bacon!
Which Phelps probably refuses to eat, so fuck him.
Posted by: gebrauchshund at March 08, 2010 12:27 PM (ZTGFz)
The 1st amendment is terrific and all, but if some grieving dad decided that putting a few holes in one or all of these dung beetles might make him feel .000001% better about the death of his loved one?
Well, I gots two words:
jury nullification
Posted by: Warden at March 08, 2010 12:29 PM (QoR4a)
Well, not a legal scholar myself, but as I recall the First Amendment states quite clearly that congress can pass no law that abridges a persons right to free expression.
It says absolutely nothing about one private citizen suing another private citzens for damages incurred as a result of the party of the first part being certifiably bat shit crazy and having the emotional sensitivity of a concrete pillar holdling up an overpass on I-5.
Hey, I'm all for free speech, don't get me wrong. I think these morons should feel free to grab their signs and spout their crap outside whatever military base suits their fancy. Or march on Washington if you like, more power to you.
But to intentionally target a person who has just lost a child is beyond reprehensible.
Posted by: Redneck_Klingon at March 08, 2010 12:30 PM (e8T35)
Posted by: da kine
Yes. Yes you are. These coniving jerks harrass people at funerals. They make a specious claim that becuase the cemetary is in the open, and because hearses are confined to roads, that this makes them 'public', and a target for such attacks. Please note that at the last Dem national convention, all protests were limited and kept behind a barbe wire enclosure.
The gag here is that they then sue for civil rights violations. It's a money making scam. The best part is that they know that they will survive the experience to enjoy the payoff. If they tried this scam at the local mosque, then it becomes more problematic.
Posted by: Blue Hen at March 08, 2010 12:31 PM (R2fpr)
Posted by: joncelli at March 08, 2010 12:33 PM (RD7QR)
Posted by: da kine at March 08, 2010 04:24 PM (IaZFb)
That's cool. Cuz I like to drop my pants and shake my hairy ass in the face of your mother as she walks down the street. Just so she can see my barking spider. Can I count on your legal help should any sort of legal suit be filed against me for the above?
Now your mother is a saint of a woman. And her children are all reflections of her beautific nature. Yourself included. And the above paragraph is not actually true and I don't intend to do anything like that to your mother. But answer the fookin' question...
Posted by: Ed at March 08, 2010 12:33 PM (OCfDT)
Just remember this!
If we allow this attack on free speech to stand, then news networks will be attacked by powerful politicians while other politicians will enter into illicit relationships with reporters.
You heard it here first.
Posted by: Blue Hen at March 08, 2010 12:39 PM (R2fpr)
So are they going to allow cross burnings again as a 1st amendment right? Remember they upheld banning that 6-3 in 2003.
Posted by: polynikes at March 08, 2010 04:35 PM (m2CN7)
I was and remain sympathetic to da kine's reasoning even though Phelps and his ilk disgust me to the very core of my being. But after being reminded that the court has also banned another disgusting political display, I would have to say the court should go along with that precedent and ban Phelps also.
Posted by: Bill R. at March 08, 2010 12:43 PM (EhlQq)
Posted by: mokimoki at March 08, 2010 12:48 PM (IrV7s)
Posted by: Hussein the Plumber at March 08, 2010 12:48 PM (RkRxq)
Posted by: GarandFan at March 08, 2010 12:48 PM (6mwMs)
Here's an idea. Why don't we give them the same set of rights that peaceful pro-life protestors get within 100 yards of a Hitler's day care center abortion clinic? They can enjoy the experience of being branded automatically as a violator of federal law.
Ain't that something that we can all agre upon?
Posted by: Blue Hen at March 08, 2010 12:51 PM (R2fpr)
Posted by: mokimoki at March 08, 2010 12:57 PM (IrV7s)
Posted by: Ace's anti-Sockpuppet at March 08, 2010 12:59 PM (GpHQ+)
I am in on contributions to the billboard that goes across the street from Westboro that says "Fred Phelps is a Dickweasel."
Put me in for a grand.
Posted by: Circa (Insert Year Here) at March 08, 2010 01:07 PM (B+qrE)
Bout right I say.
Oh and the so called Priest who thinks the Thunderguards are thugs is lacking in his understanding of justice.
Posted by: kidney at March 08, 2010 01:10 PM (3Zelc)
Posted by: ErikW at March 08, 2010 01:18 PM (UIk4D)
Posted by: Sigmund Freuid at March 08, 2010 01:26 PM (9fjyr)
I think a web page showing pictures, home addresses and home phone #'s of the Westboro garbage is in order. Hey, First Amendment, right?
Posted by: Crusty at March 08, 2010 01:27 PM (qzgbP)
Posted by: hutch1200 at March 08, 2010 01:45 PM (BVY2X)
Posted by: Ace's liver at March 08, 2010 01:53 PM (XIXhw)
Posted by: Peony Moss at March 08, 2010 01:57 PM (Xnf31)
I feel the same way about cross burnings and flag burnings.
Posted by: VKI at March 08, 2010 02:16 PM (LZK9H)
I just think his behavior is "fighting words," and should be treated as such.
In order for speech to be considered "fighting words" you have to be in the same vacinty as the target of the speech. As I said earlier their protest was not actually in the cemetary or at the funeral.
Also, cross-burning was not ruled out totally by SCOTUS, they were wishy-washy which meant they couldn't come to an agreement so they would not rule totally for or against it. Their final ruling was that if the cross was burnt to "intimidate" then the laws against it could be upheld.
Posted by: Vic at March 08, 2010 02:25 PM (QrA9E)
I guess I'm confused. If they were close enough to cause the kind of distress we're all talking about here, then by any reasonable definition of the word, they were in the vicinity.
Posted by: Additional Blond Agent at March 08, 2010 03:10 PM (PMGbu)
If they were close enough to cause the kind of distress we're all talking about here, then by any reasonable definition of the word, they were in the vicinity.
It is not mentioned in the article but as I recall from the actual news story they held their "protest" along side the highway on the way to the cemetary and there was only a few people in the protest.
Posted by: Vic at March 08, 2010 03:15 PM (QrA9E)
My position on this is this; sure they are scum but we need to be damn careful about what we are wishing for here.
Shuting down assholes like this could easily lead to shutting down the stuff like the Tea Party marches.
Posted by: Vic at March 08, 2010 03:17 PM (QrA9E)
These are the Phelps of Westboro Baptist, who are registered democrats, right?
Look it up. The scum bag patriarch has run for office several times as a democrat.
Posted by: Dang at March 08, 2010 04:06 PM (UA4gE)
Posted by: richard mcenroe at March 08, 2010 04:15 PM (atQh4)
Posted by: richard mcenroe at March 08, 2010 04:16 PM (atQh4)
Posted by: moi at March 08, 2010 04:31 PM (dHHQy)
Posted by: moi at March 08, 2010 04:37 PM (dHHQy)
Be a real shame if some old man lost control of his vehicle and went off the road - could take out the whole family / pit of lawyers.
Posted by: Druid at March 08, 2010 05:12 PM (Gct7d)
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Posted by: shape ups shoes at March 08, 2010 05:20 PM (NA8ag)
Posted by: me at March 08, 2010 06:29 PM (2Pr2L)
Hate speech is not covered in the 1st Amendment, SCOTUS has ruled as such in the past. The messages that Westboro spouts are not political views but a form of hate speech directed at a specific cross section of the population. Thus it would seem that this is not protected speech.
Posted by: Gary at March 08, 2010 06:50 PM (3YZn3)
Posted by: rabidfox at March 08, 2010 09:12 PM (kRlTL)
Posted by: Ronsonic at March 08, 2010 10:06 PM (XiQgY)
Posted by: BarbaraS at March 09, 2010 01:05 PM (FaxyO)
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Posted by: Jane D'oh at March 08, 2010 12:12 PM (UOM48)