Westboro Church Prevails in Free Speech Lawsuit, Leaves Unfinished Business for Dead Marine’s Father.
There has been yet another international media explosion over the controversial Westboro Church and its outlandish beliefs and actions. It all began with protests of Albert Snyder’s Son’ Funeral, the funeral of deceased Lance Cpl. Matthew Snyder.
MSNBC, “Dad Sues ‘Thank God for Dead Soldiers’ Church”
Baltimore Sun, “A Marine’s Father Fights on for His Son”
New York Daily News, “Father of Marine who Died in Iraq Speaks out, Gets Support in Legal Fight against Westboro Church” ?
Sydney Morning Herald, “Supreme Court Face-Off Looms For Dad And ‘Dead Soldier’ Church?”
For those who are yet unaware of the controversy, this Church, known as the “Thank God for Dead Soldiers Church”, was infamously known for protesting military funerals, using inflammatory language to defile honors given to America’s heroes. This Church’s followers are adamantly anti-homosexual. They believe that America is being punished in the loss of its sons and daughters due to our Nation’s stance of tolerating or condoning homosexual behavior. Their inflammatory quotes make comparisons of America to the Biblical City of Sodom.
In response to the uproar created by these havoc-wreakers, many states passed laws to ban protests of funerals within a given distance. These statutes, in various actions throughout the country, are being challenged by this and other like groups on First Amendment Constitutional grounds. The issue here is also a First Amendment issue. It is whether a private individual who is wronged by speech of another, may recover damages against a group exercising its right to public “speech”. The key question was whether the church’s “speech” and conduct constituted protected speech, and if so, what level of scrutiny should be afforded to such “speech”.
In the Federal District Court in Maryland, Albert Snyder, the father of a deceased United States Marine, brought an action against the fundamentalist church and its members, stemming from defendants’ anti-homosexual demonstration near soldier’s funeral, alleging claims for intentional infliction of emotional distress (IIED), invasion of privacy by intrusion upon seclusion, and conspiracy. Following judgment for father, the United States District Court for the District of Maryland, Richard D. Bennett, J.,533 F.Supp.2d 567, remitted the aggregate punitive damages award, but otherwise denied post-trial motions. Defendants appealed.
In the appeal, Snyder v. Phelps, 580 F.3d 206 (4th Cir. 2009), decided September 24, 2009, the U.S. Court of Appeals held that, among other things, the fundamentalist group’s speech was protected and that the District court improperly awarded punitive damages to the father, Albert Snyder. In addition, in an unprecedented move between private entities, the Court awarded Phelps $16,510 in court costs. The Church plans to use this award to fund future protests. The United States Supreme Court has granted certiorari to review the case.
Westboro Baptist Church’s conduct–as well as the Court’s protection of it–deeply offend me, both as a Christian and a United States Marine. I do not believe Jesus would condone such outrageous behavior, and I don’t believe that such a cult should have the privilege of being affiliated with the greater Church. As a further matter, I don’t believe the forefathers intended to protect or condone this behavior. The families of valiant military men and women who lay down their lives get one (1) single opportunity to honor their loved ones for their great service and sacrifice. Heroes defend our rights by sweat and blood, so that whackos like these fundamentalists can invoke the Constitution to spit on these great heroes’ coffins. Total irony in my opinion.
Deeply disappointed,
Christopher A. Buckley, USMC
Host, NWI Lawyer