Posted on 03/13/2011 7:46:27 AM PDT by Kaslin
In America, it's easy to take freedom speech for granted. After all, for citizens of the United States, free speech is a birthright, an ideal deeply woven into the fabric of society and culture. Sometimes, however, our ideals come into conflict with reality, and our convictions are put to the test. When a cherished liberty is exploited for a dubious purpose, do the perpetrators of that exploitation retain the right to exercise that liberty, or should the right be circumscribed "for the greater good?"
The US Supreme Court answered this question last week with its ruling that the anti-military, anti-gay protest activities of the Westboro Baptist Church (WBC) are protected under the First Amendment to the Constitution. This was not welcome news for those who believe that something should be done to protect grieving families of fallen soldiers from the vitriol of a lunatic "pastor" and his overzealous followers. As disgusting and offensive as WBC's conduct is, however, the general consensus among legal experts and pundits on the Left and Right is that the Supreme Court made the right decision. Chief Justice John Roberts took pains to articulate why the Court came down on the side of the protestors in this case:
"Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and – as it did here – inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course – to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case."
Chief Justice Roberts and his colleagues are absolutely correct here. The blessings of living in a free society come with the unavoidable consequences of that freedom: inevitably, misguided – and sometimes evil – people will use that freedom to spew hateful, hurtful speech. Yet, as much as we may wish to use the force of law to impose civility on public discourse, it is not the government's job to police the thoughts and words of its citizens.
This is the animating principle behind opposition to hate crime legislation. Regardless of how this emotionally-charged debate might be portrayed in the media, the primary objection of critics of "hate crimes" is that such laws essentially criminalize thought or attitudes. In a society based in the rule of law, it is legitimate to punish a person when their conduct violates the life, liberty, or property of another. It is not legitimate, however, to punish that same person more severely if their crime was motivated by an unpopular or abhorrent ideology. Actions, not attitudes, are the proper province of government regulation.
As Chief Justice Roberts observed, hate speech can stir powerful emotions in us, prompting a desire for justice that clouds our ability to appreciate the higher principles involved. In a political and cultural atmosphere that becomes more and more contentious every day however, it is critical that we remain firm in our allegiance to the values that America was founded on. Unlike many other parts of the world – where open criticism of the predominant religion or reigning despot is likely to land a person in prison or worse – America is a land that has always stood as a bastion of liberty and a model of the democratic process in action. If a person or a group says something we don't like, we don't issue death threats, or take to the streets in violent protest, or lobby the state to crack down on our enemies. That's just not the American way.
The American Legion's response to the Westboro Baptist Church's offensive activities is a perfect example of the American way in action. For six years, the Patriot Guard Riders have stood vigil at military funerals, acting as guardians for the fallen and their families and minimizing their exposure to the hateful protesters lining the funeral routes. In the wake of the Supreme Court's decision, the Legion has pledged to continue this work for as long as they are needed. Try as they might to garner attention with their hateful words, the Westboro Baptist Church's message will never resonate as loud as the message being sent by the Patriot Guard Riders. That is what makes America a great nation.
“When someone speaking before the Supremes can call them fags and hope they rot in hell will be the day I support their decision.
You can’t use that language on TV, in any classroom in America either.”
I suspect that the Supremes have been called worse than that. Maybe not someone actually petitioning them and hoping for a decision to go their way, but still.
That language IS used on TV pretty regularly. This 2 1/2 men show, just for an example, that is in the news right now used that sort of language and worse.
And, thirdly, having taught school, I can assure you that this type of language does occur. Hopefully not by the teacher, but it does happen.
This is a very emotion-laden issue, and the westboro group make it very, very hard to support anything that would assist them in any way, but it should not be judged on the basis of emotion and desire, but upon the principles stated in the Constitution.
Evidently community standards means dwelling in the sewer.
America has come a long long way, sadly sadly.
Whether or not that is true, and it demonstrably is in certain areas, it is not the question. The question is, and always does come down to “does the Constitution give the government to authority to determine what is and isn’t acceptable speech”.
Yeah, well that sidewalk was at the gates of Walter Reed Army Medical Center! Perhaps you are not familiar with what WRAMC is. I am. I was there. I am the one that called those bikers in to help us counter that slime. I watched as it took 6 of our wounded warriors to hold back one that was losing it seeing them there.
They don't just stand there. They marched up and down the street in front of the hospital chanting vile things, as they ground the flag into the ground with their feet while others blew their nose on another flag.
Look at the signs very carefully. One in particular should not be displayed in a neighborhood where children live. These vile pukes should not be given any attention, but instead they are invited onto all the news shows...yes including FOX.
In retrospect we should have formed a human wall around those pukes at Arlington National Cememtary on Memorial Day 2006 when a Marine could not withstand the temptation and lunged for them. I would have laid odds on the Marine coming out alive. We could not get across the street fast enough to do so, but a bunch of other Marines were there before the police showed up. We like to think our chanting "LET THE MARINE GO!" repeatedly had a little something to do with him walking away.
BTW, this family cult has no connection to any Baptist organization. I find it amazing we are constantly reading about hate speech charges and the like, but these hatemongers are perfectly acceptable. Disgusting!
The DC Chapter of FreeRepublic, Rolling Thunder, Patriot Guard Riders and patriots all across this nation have been doing just that since the scum started their nonsense.
See post #64.
All of these actions, revolting as they are, constitute protected speech as per the Supreme Court.
Look at the signs very carefully. One in particular should not be displayed in a neighborhood where children live.
All of the signs have vile messages...which one are you speaking of in particular?
These vile pukes should not be given any attention, but instead they are invited onto all the news shows...yes including FOX.
I agree completely, and were I in control of a network they would not appear on it.
BTW, this family cult has no connection to any Baptist organization.
That is my understanding as well.
I find it amazing we are constantly reading about hate speech charges and the like, but these hatemongers are perfectly acceptable.
Please bear in mind that tolerance and acceptance are two quite different things. Also, hate speech is not illegal in the Unites States (thankfully).
Disgusting!
Agreed.
And we have the wise latina whining that some of the questions she was asked during confirmation were ‘insensitive’. She was offended.
Well, excuse me. Something is very wrong here.
I do not think that all of the Justices are right or wrong all of the time.
Because you don't picket funerals. Period. I'm comfortable with that being the new "don't yell FIRE in a theater."
Those quotes are from the mind of a seriously twisted person.
Maybe someone with the time and resources can visit the family of these sick protesters and give them a taste of their own medicine.
The question of whether the behavior constitutes inciting a riot should properly be examined by a jury. The Supreme Court tends sometimes to issue rulings which effectively make factual declarations on issues which have not been examined in detail in trial court. The Supreme Court should have issued a decision explaining what would have to be shown in order for the protests to be denied protection, rather than making a determination of whether they should be protected.
‘Brutus’ was one sharp man; much of what he has warned of has come to pass.
Looks like “fightin’ words” to me... someone ought to take them up on their offer.
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