Westboro’s choice of where and when to conduct its picketing is not beyond the Govern-ment’s regulatory reach—it is “subject to reasonable time, place, or manner restrictions” that are consistent with thestandards announced in this Court’s precedents. Clark v. Community for Creative Non-Violence, 468 U. S. 288, 293 (1984). Maryland now has a law imposing restrictions onfuneral picketing, Md. Crim. Law Code Ann. §10–205 (Lexis Supp. 2010), as do 43 other States and the Federal Government. See Brief for American Legion as Amicus Curiae 18–19, n. 2 (listing statutes). To the extent these laws are content neutral, they raise very different questions from the tort verdict at issue in this case. Maryland’s law, however, was not in effect at the time of the events at issue here, so we have no occasion to consider how it might apply to facts such as those before us, or whether it or other similar regulations are constitutional.posted by Jahaza at 9:32 AM on March 2, 2011 [1 favorite]
“You’re Going to Hell,” “God Hates You,” and “ThankWait, Alito and (presumably) you are claiming that no one should be allowed to tell someone else that they're going to Hell?
God for Dead Soldiers” were among the signs. Alito cites these specifically, and makes a good case that they are not about general issues but would be interpreted to refer specifically to Snyder.
Other signs would most naturally have been understood as suggesting—falsely—that Matthew was gay. Homo-sexuality was the theme of many of the signs. There were signs reading “God Hates Fags,” “Semper Fi Fags,” “FagsDoom Nations,” and “Fag Troops.” Id., at 3781–3787. Another placard depicted two men engaging in anal inter-course. A reasonable bystander seeing those signs would have likely concluded that they were meant to suggest that the deceased was a homosexual.This was in his argument that the first amendment doesn't protect intentional infliction of emotional distress, and that this was a verbal assault on the deceased and his family. Well, it may be my absolutism again, but as long as it's not a false and defamatory factual assertion being done with knowing or reckless state of mind, I don't think that IIED for words alone should be actionable either. That Alito chose to explain himself by a little backhanded gay-baiting just reinforces my opinion on that.
A person must not, on the ground of the religious belief or activity of another person or class of persons, engage in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons.Phelps would have to try and argue S.11(1):
Note
Engage in conduct includes use of the internet or e-mail to publish or transmit statements or other material.
A person does not contravene section 7 or 8 if the person establishes that the person's conduct was engaged in reasonably and in good faith—Six months or 60 penalty units (about $7000) fine for an individual, $35 000 fine to the Westboro church.
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held, or any
other conduct engaged in, for—
(i) any genuine academic, artistic, religious or scientific purpose; or
(ii) any purpose that is in the public interest; or
(c) in making or publishing a fair and accurate report of any event or matter of public
interest.
Shirley Phelps-Roper, the church spokeswoman, says the members want God to punish Americans for tolerating homosexuality. They picket funerals to make people angry, she says: They want people to reject God and be condemned to hell.I guess they don't really want to fight homosexuality on earth so much as they want to make sure they don't have to bump into any homosexuals or homo-sympathizers in Heaven. It also seems that the madder you get at them (and thus at God, since they are obviously his representatives), the more encouraged they feel that they are doing their job well.
"Our job is laid out," she says, in comments sprinkled with biblical references. "We are supposed to blind their eyes, stop up their ears and harden their hearts so that they cannot see, hear or understand, and be converted and receive salvation."
"A day after the U.S. Supreme Court affirmed Westboro Baptist Church's right to protest against homosexuality at military funerals, the fallen Marine's father, who unsuccessfully sued the controversial Kansas congregation, warned that the church's protests will eventually spark violence."posted by ericb at 5:43 PM on March 4, 2011
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