And Hate Speech

The Westboro Baptist Church

Dictionary.com defines hate speech as speech that attacks a person or group on the basis of race, religion, gender, or sexual orientation.

It is important to note that hate speech is not a crime and is in fact protected by the 1st Amendment of the Constitution which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

What is Hate Speech?

The case in point: The Westboro Baptist Church

The Westboro Baptist

Church is an “Old

School” Baptist

church from Topeka,

Kansas that was

founded in 1955 by

Pastor Fred Phelps.

According to their

website the church

adheres to the

teachings of the bible

and they preach

against all sin. This

includes fornication,

adultery, divorce,

remarriage and

sodomy.

The following is directly from their website, “WBC engages in daily peaceful sidewalk demonstrations opposing the homosexual lifestyle of soul-damning, nation-destroying filth. We display large, colorful signs containing Bible words and sentiments, including: GOD HATES FAGS, FAGS HATE GOD, AIDS CURES FAGS, THANK GOD FOR AIDS, FAGS BURN IN HELL, GOD IS NOT MOCKED, FAGS ARE NATURE FREAKS, GOD GAVE FAGS UP, NO SPECIAL LAWS FOR FAGS, FAGS DOOM NATIONS, THANK GOD FOR DEAD SOLDIERS, FAG TROOPS, GOD BLEW UP THE TROOPS, GOD HATES AMERICA, AMERICA IS DOOMED, THE WORLD IS DOOMED, etc.”

So what does the WBC do that many consider hate speech?

The ProtestsMembers of the

congregation (which are mostly Phelps family members) “picket” or protest at the funerals of US Service men and women who have been killed while on active duty in Iraq.

The Picket Signs

WBC In The Media (press play on the screen)

On March of 2006 the WBC picketed the funeral of Marine Matthew A. Snyder in Maryland. On June of 2006 Albert Snyder, the father of the deceased Marine sued Fred W. Phelps, the Westboro Church, Rebekah Phelps-Davis and Shirley Phelps-Roper for defamation, invasion of privacy and intentional infliction of emotional distress.

Legal Action Against The WBC

In 2007 a jury awarded Albert Snyder a total of $10,900,000 dollars in damages.

In 2009 the case was heard by the 4th Circuit Court of Appeals and ruled that WBC’s protests were a form of free speech. Albert Snyder was ordered to pay WBC’s court fee’s which totaled just over $16,000.

Albert Snyder took this his case against the WBC directly to the Supreme Court.

The case reached the Supreme Court in March of 2010.

The three questions that were presented to the court were: 1. Does Hustler Magazine, Inc. v. Falwell apply to a

private person versus another private person concerning a private matter?

2. Does the First Amendment's freedom of speech tenet trump the First Amendment's freedom of religion and peaceful assembly?

3. Does an individual attending a family member's funeral constitute a captive audience who is entitled to state protection from unwanted communication? (Snyder v. Phelps, 2010)

Snyder v. Phelps

Those who filed on behalf of the WBC:ACLUReporters

Committee for Freedom of the Press

National Public Radio

The Associated PressThe First

Amendment ProjectAnd many others.

The Senate Majority and Minority Leaders

The Veterans of Foreign Wars

47 individual statesThe City of

Washington DCAnd many others

The case became such a high profile case that several amicus briefs were filed in support of the two sides Those who filed on

behalf of Albert Snyder

The Supreme Court ruled 8-1 in favor of the Westboro Baptist Church Chief Justice Roberts wrote in

the Majority’s opinion, “The jury here was instructed that it could hold Westboro liable for intentional infliction of emotional distress based on a finding that Westboro’s picketing was 'outrageous.' 'Outrageousness,' however, is a highly malleable standard with 'an inherent subjectiveness about it which would allow a jury to impose liability on the basis of the jurors' tastes or views, or perhaps on the basis of their dislike of a particular expression.” (Greidner, 2011)

The Dissent which came from justice Samuel Alito stated, “Respondents' 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”. (Gregory, 2011)

This means that the Constitution protects almost all forms of speech whether we agree with it or not.

Snyder v. Phelps helped solidify this even though what the Westboro Baptist Church was doing was horrible in the eyes of most Americans.

So what do you think about cases like this? Should the free speech of certain groups or individuals be curtailed just because we find it repulsive and disgusting?

So What Does This Mean?

Snyder v. Phelps, 09-751 (The Supreme Court March 8, 2010).Gregory, S. (2011, March 2011). Why the Supreme Court Ruled for Westboro. Retrieved from Time.com: http://www.time.com/time/nation/article/0,8599,2056613,00.htmlGreidner, C. (2011, March 2). Supreme Court Upholds Westboro Baptist Church Members' Right to Picket Funerals. Retrieved from Poliglot.com: http://www.metroweekly.com/poliglot/2011/03/supreme-court-upholds-westboro.html

Works Cited