Posted on 10/31/2007 6:36:32 AM PDT by Nextrush
The father of a young Marine killed in Iraq wept repeatedly in federal court in Baltimore yesterday as a jury watched video images of members of a Kansas church protesting the military's inclusion of homosexuals by picketing his son's Westminster funeral. The videos provided an emotional ending to the evidence portion of the weeklong trial in U.S. District Court. Albert Snyder of York, PA, the Marine's father, is attempting to be the first in the nation to hold members of the Topeka-based Westboro Baptist Church legally liable for their shock protests at military funerals... Nine jurors spent about two hours yesterday deliberating before Judge Richard D. Bennett dismissed them for the day. The jury of five women and four men are set to return to court this morning to decide the fate of the invasion of privacy lawsuit........
(Excerpt) Read more at baltimoresun.com ...
In the end, the First Amendment rights of the protesters will prevail.
If I were the Marine father, I would be strongly temtpted to kick all of their asses. He definitely woud not be convicted by any jury.
I don't know about that. We've gone a long way in this country convincing people of their "right to privacy" (that's how we got Roe v. Wade) which is what they are being sued about. Combine that with the emotional aspect of a funeral for a fallen soldier, and I wouldn't be surprised to see the jury side with the family on this.
It would be wonderful to see the disgusting Phelps family and their phony church on the losing end of a lawsuit for a change.
However it turns out, I know that they will reap what they have sown, even if we don't get to see it happen.
I have a feeling this case will end up that way even if the plantiff wins with some sort of ruling to that effect from a higher judge on appeal from Westboro.
I was told in politcial science and law classes about the concept of “yelling fire in a crowded theather” as a First Amendment execption because a stampede could cause bodily injury.
Is “emotional injury” bodily injury? Crying trumping the First Amendment? We shall see.
Those Westboro scum deserve something to happen to them but this lawsuit probably isn’t the answer.
He definitely woud not be convicted by any jury.
If the jury finds against them, which I’m hoping it will, and finds for a substantial monetary award, no doubt that they will plead poverty and refuse to pay any of it.
That they might get away with. However, the *next* time they try such a stunt, they should be charged with violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, based on that judgment against them.
While the RICO Act provides for triple damages, that would not be the thrust of the charge. It would be to ask the judge to present the Westboro “church” with a RESTRAINING ORDER, prohibiting them from protesting at funerals, associating with each other, making their children liable for court supervision under foster care, and generally busting them up.
And if they violated that restraining order, they could be put in jail for contempt of court by the issuing judge, with just a hearing to determine if they violated the order, instead of a full trial.
This is the technique used to break up other criminal gangs.
In essence, a restraining order can prevent criminal organizations from using their constitutional rights in furtherance of criminal activity. It can limit free speech, free practice of religion, free association, restrict the use of vehicles, prohibit activities, prohibit access to buildings, neighborhoods, regions, or other areas, etc.
The Phelps family should have been put in the hospital a long time ago.
However it turns out, I know that they will reap what they have sown, even if we don't get to see it happen.
If the rates of homosexuality really are as high as reported, it is likely that someone inside the Westboro Cult is gay.
Disturbing the peace is a minimum charge. Harassing, menacing, etc., should all be applied here and the protestors locked up.
How much is Mr. Snyder suing them for? I know I have read it somewhere but I can’t remember how much.
Regardless I hope he gets every penny. God Bless him.
There is a nice hospital in Tehran...
Your first sentence hits the nail on the head. They have already done that in Topeka. They had a large “church” built then declared bankruptcy. Some of the contractors never got paid for their work.
Huh? It's fine to yell fire if there's a fire, but not otherwise. The key is whether the announcement is the truth, or not.
I hope he wins and gets evey last cent he asked for. There are few things more un-Christian than stomping on a family’s grieving heart with a protest intended to inflame and then claiming a shield of Freedom of Speech.
By their fruits you shall know them.....
That Westboro group is either incredibly stupid or incredibly evil....I lean towards the latter.
I hope he wins and gets evey last cent he asked for. There are few things more un-Christian than stomping on a familys grieving heart with a protest intended to inflame and then claiming a shield of Freedom of Speech.
The have a bunch of lawyers in the clan and will appeal dragging it out AND they will hide any assets they can, but it will cost them time trouble and some money.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.