The Westboro Baptist Church is a small independent church lead by Fred Phelps. The congregation is made up of mostly Phelps family, based in Topeka, Kansas the church is known mostly for its very conservative values and anti-gay protesting.Prolific anti-gay protesting. WBC travel around the country to protest at funerals with any connection real or imagined to homosexuality, including funerals of gays and AIDS victims. WBC have claimed that 9/11 is a result of God's anger with America's "acceptance" of gays.
Albert Snyder is the father of Lance Cpl. Matthew A. Snyder, a marine killed in Iraq. WBC protested at near this funeral and posted on their website that Snyder raised his son "to defy the Creator" and "serve the devil." Snyder has sued Phelps for intentional infliction of emotional distress.
A Maryland court awarded Snyder $5 million, but this was overturned on appeal and is now coming up before the Supreme Court.
The Supreme Court must decide if limits can be placed on free-speech against people who target ordinary citizens with hateful personal attacks. Should Snyder be permitted to sue Phelps for their political attacks against his son?
The government has to protect political speech. Phelps' congregation has the right to spew their anti-homosexual agenda in public forums (i.e. pop concerts, other churches , street corners and the Rally to Restore Sanity). However, in picketing soldiers funerals the government should protect the victims of WBC.
Lance Cpl. Snyder and his family are private citizens are offered more protections than public figures. The first amendment protects free speech against government.
WBC is protesting the government's complacency in homosexuality. WBC see Snyder as part of the military/government open to their protest. Lance Cpl. Snyder protects the government and its interest, but has no direct involvement in setting government policy. If Phelps' congregation was interested in changing policy they would focus their efforts on policy makers. The protests are provocative statements intended to only attract attention to a fringe group.
WBC are infringing on ordinary citizens rights to peaceably assemble during an important social ritual. Funeral are a rituals as old as civilization. They are emotional events that help us deal with grief of a loss. Funerals of private citizens should be protected from hateful political speech from a group of outsiders.
Snyder v Phelps is forcing the Supreme Court to weigh two groups freedoms. The right of Lance Cpl. Snyder family and friends to assemble for his funeral without provocation and WBC's freedom of speech. WBC has the right to express their views, but does so by infringing on Snyder's family. Alfred Snyder should have the right to sue Fred Phelps for their protesting his son's funeral.
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Phelps' church argues that Snyder's funeral was only one stop that day and therefore their picketing was not directed at the solider. However, two days before the funeral the church released a flyer stating their intention to picket.
WBC picketed the funeral 300 ft away from the main entrance to the cemetery. Snyder's family used an alternate entrance and never directly saw the picketers signs. However, due to the pattern of WBC protesting they were aware of the content of the signs.
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