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Jury sees video of funeral protest (Westboro Baptist case now with jury)
Baltimore Sun ^ | 10/31/07 | Matthew Dolan

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 ...


TOPICS: Culture/Society; Front Page News; US: Maryland; US: Pennsylvania
KEYWORDS: fredphelps; westborobaptist
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Its with the jury now.
1 posted on 10/31/2007 6:36:34 AM PDT by Nextrush
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To: Nextrush

In the end, the First Amendment rights of the protesters will prevail.


2 posted on 10/31/2007 6:42:48 AM PDT by Elpasser
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To: Elpasser
I think you have a classic "fighting words" exception to the First Amendment protection, where the actions of the Westboro jerks are intended and likely to cause an immediate violent reaction.

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.

3 posted on 10/31/2007 6:46:25 AM PDT by CWW (Make the most of the loss, and regroup for 2008!!)
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To: Elpasser
"In the end, the First Amendment rights of the protesters will prevail."

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.

4 posted on 10/31/2007 6:49:58 AM PDT by Pablo64 (Ask me about my alpacas!)
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To: Elpasser

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.


5 posted on 10/31/2007 6:50:25 AM PDT by Nextrush (Proudly uncommitted in the 2008 race for president for now)
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To: CWW
I think you have a little too much faith in juries. Juries do what judges tell them.

He definitely woud not be convicted by any jury.

6 posted on 10/31/2007 6:51:40 AM PDT by DManA
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To: Nextrush

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.


7 posted on 10/31/2007 6:52:46 AM PDT by Popocatapetl
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To: CWW
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.

The Phelps family should have been put in the hospital a long time ago.

8 posted on 10/31/2007 6:53:33 AM PDT by montag813
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To: Pablo64
Indeed on both counts.
9 posted on 10/31/2007 6:54:52 AM PDT by Hornitos
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To: Nextrush

If the rates of homosexuality really are as high as reported, it is likely that someone inside the Westboro Cult is gay.


10 posted on 10/31/2007 6:56:39 AM PDT by WhyisaTexasgirlinPA (Guns up Red Raiders!)
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To: Nextrush

Disturbing the peace is a minimum charge. Harassing, menacing, etc., should all be applied here and the protestors locked up.


11 posted on 10/31/2007 6:58:36 AM PDT by CodeToad
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To: Nextrush

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.


12 posted on 10/31/2007 6:59:31 AM PDT by Artemis Webb (RON PAUL: "It will be a little bit better now with the democrats now in charge of oversight ")
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To: montag813

There is a nice hospital in Tehran...


13 posted on 10/31/2007 6:59:43 AM PDT by magslinger (I will not submit.)
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To: Popocatapetl

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.


14 posted on 10/31/2007 7:00:02 AM PDT by Sunshine Sister
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To: Nextrush
"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."

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.

15 posted on 10/31/2007 7:03:13 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: Nextrush

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.


16 posted on 10/31/2007 7:10:05 AM PDT by SueRae
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To: SueRae

By their fruits you shall know them.....


17 posted on 10/31/2007 7:14:04 AM PDT by Walkingfeather (u)
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To: Nextrush
I encountered that sick group of so called Chrsitians when they protested a soldier's funeral here in my town of Pine Bluff, Arkansas. I threw every curse word and condemnation I knew in their direction. They just smiled back at me with the most stupid of grins on their faces.

That Westboro group is either incredibly stupid or incredibly evil....I lean towards the latter.

18 posted on 10/31/2007 7:18:09 AM PDT by AxelPaulsenJr (Fred Thompson for President)
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To: SueRae

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.


I would like someone to start screaming at this nut jobs.
24 hours a day 7 days a week. Everywhere and anywhere they go, have someone screaming in their ears. Outside their homes. Outside their ‘church’.


19 posted on 10/31/2007 7:19:25 AM PDT by Stark_GOP
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To: Nextrush
Bury those Westboro jerks!

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.

20 posted on 10/31/2007 7:26:46 AM PDT by Anti-Bubba182
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