Thursday, March 3, 2011

1st Amendment protects military funeral protesters

This is a hard decision to take, but it doesn't come from a liberal or activist court so we won't hear from the likes of Fox News. The US Supreme Court decision authored by Chief Justice Roberts "said free speech rights in the First Amendment shield the funeral protesters, noting that they obeyed police directions and were 1,000 feet from the church."

The Appellate court had ruled that the statements "were entitled to First Amendment protection because those statements were on matters of public concern, were not provably false, and were expressed solely through hyperbolic rhetoric." The Supreme Court (8 to 1) held that "[t]he "First Amendment shields Westboro's statements from tort liability for its picketing in this case." [Opinion text supplied by New York Times.]

See the New York Times for a more in depth view and recitation of the case particulars. The decision reflects the correct path for free speech: "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." [Chief Justice Roberts].

A lesson from the Chief Justice: “Debate on public issues should be robust, uninhibited and wide-open,” he wrote, because “speech on public issues occupies the highest rung of the hierarchy of First Amendment values.” [New York Times].

Take note Portland - the waiving of hands is not free speech nor robust debate.

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