by Pat Darnell
Today, October 6, 2010, we are asked, as a people, to make up our minds about freedom of speech, as it will be arbitrated by our Supreme Judge arbiters. Blimey!! Not again: you say. We hear you.
Well, yes, it is another era of protesting -- sometimes called 'Civil Disobedience' -- and it is being done by some folks this time who are of the Baptist persuasion. Let's see if MooPig Tale of the Tape Department can sort this out a bit.
Weighing in on the one hand is the father of a slain Marine, who wanted to peacefully lay his son's body to rest as is the custom in the United States. His name is Albert Snyder and his son is " ...his only son, Lance Corporal Matthew Snyder, who died in Iraq’s Anbar Province in 2006."
Mr Snyder has tested the First Amendment of the US Constitution, and sued the protesters for $10.9 million and won. But his favorable judgment was over turned in an appeal at the "federal appeals court in Richmond, Virginia."
"... [V]erdict against the pastor, Fred W. Phelps Sr., and his church, for intentional infliction of emotional distress, which required proof of outrageous conduct, and for invasion of privacy. But a federal appeals court overturned the verdict on First Amendment grounds.On the other end of this argument is the ... " ... lawyer on the other side, Margie J. Phelps, [who] said the First Amendment protected the protest, where seven pickets at some distance from the [Snyders'] funeral carried signs with messages like “Thank God for dead soldiers” and “God hates you.”
Here is an interesting fact pointed out by the NYTimes: " ... Ms. Phelps is a daughter of the pastor of the church, Westboro Baptist Church of Topeka, Kan. Her argument alternated between smooth exposition of First Amendment doctrine and support for the church’s message. [SOURCE] ..."
"We want to give the rancorous protesting Baptist Minister some street credit for having his daughter grow up to be a lawyer and to be able to represent him in the Supreme Court," said Mel B. Toast, MooPig's Tale of the Tape Editor.
From the ensuing think tank of MooPig's Tale of the Tape iron man round table this is the bullet check list that has evolved:
- What happened in that other small church Koran burning thingy?
- Protesting at a funeral seems like a moot point; I mean the guy is dead, after all
- Who was supposed to go get the sandwiches at Mo's on Ohio St?
- [Suddenly, a lot of coins were passed amongst our think tank guys and gals as they settled up on their fantasy football clutches ...]
- Eventually, someone brought up: " ...Abigail Phelps, another of Mr. Phelps’s daughters, carried a sign that said “America is doomed.”
- a fight broke out when Slim Jim quoted the plaintiff's lawyer: "Mr. Summers said private grief raised different issues. ... "
- “Why aren’t the members of the families of the deceased a captive audience at the funeral?” Alito asked.
- Everyone looked dumbfounded as they pondered: "Who the devil is Alito?"
As the afternoon melted away into the cool of the evening, we heard many of the old standards being tossed about. Hustler versus Reverend Jerry Falwell was one of the token case comparisons, but that is moot too.
"Reverend Jerry Falwell, was a Christian evangelical fundamentalist Baptist pastor, televangelist, and a conservative ... died of natural causes in 2007. Eh?" said Dean Rucker, resident Brahman Priest at MooPig Enterprises. "I cannot see where that old case has anything to add, since the Reverend is passed on after a long rewarding life: unlike our Marine who was killed in a war in the prime of his youth. Seems rather poor taste, and kind of queer."
Then we heard some snapple crackle popping " ...as the Supreme Court grappled with the limits of the Constitution’s free-speech guarantee, debating whether it protects protesters who go to military funerals to proclaim that God is punishing the country by killing soldiers.; ..." Then we got some real poop on the defendants:
"Reverend Jerry Falwell, was a Christian evangelical fundamentalist Baptist pastor, televangelist, and a conservative ... died of natural causes in 2007. Eh?" said Dean Rucker, resident Brahman Priest at MooPig Enterprises. "I cannot see where that old case has anything to add, since the Reverend is passed on after a long rewarding life: unlike our Marine who was killed in a war in the prime of his youth. Seems rather poor taste, and kind of queer."
Then we heard some snapple crackle popping " ...as the Supreme Court grappled with the limits of the Constitution’s free-speech guarantee, debating whether it protects protesters who go to military funerals to proclaim that God is punishing the country by killing soldiers.; ..." Then we got some real poop on the defendants:
Fred W. Phelps Sr., is the head of the 70-member Westboro Baptist Church, a congregation made up mostly of his relatives. Phelps and his followers have traveled to hundreds of military funerals to proclaim that God is angry over the country’s acceptance of homosexuality, bearing signs that say, “Thank God for Dead Soldiers,” “Pope in hell,” “God Hates the USA” and “Fag troops.” [SOURCE]Tale of the Tape
SNYDER VS PHELPS Supreme Court Case # 09-751
SNYDER: Among those backing Snyder are 42 U.S. senators, led by Democratic Majority Leader Harry Reid of Nevada and Republican Minority Leader Mitch McConnell of Kentucky.
PHELPS: The American Civil Liberties Union and 21 news organizations including Bloomberg LP, the parent of Bloomberg News, are urging rejection of the award.
PHELPS: The Reporters Committee for Freedom of the Press including The New York Times Company, filed a brief supporting the Kansas church. It said the First Amendment protects even hateful speech on matters of public concern.
SNYDER: -- [Snyder's reward was reduced and then overturned on appeal, with a decision upholding the Westboro group's right to free speech. Additionally, a 4th U.S. Circuit Court of Appeals judge last week ordered Snyder to pay $16,510.80 of the Westboro Baptist Church's almost $100,000 in legal fees.] --
Bill O'Reilly | April\2006 | "I will pay Mr. Snyder's obligation. I'm not going to let this injustice stand," O'Reilly said Wednesday on his show, "The O'Reilly Factor." "It's obvious those cranks at Westboro were intentionally trying to hurt Mr. Snyder and his family."
So, with Bill O'Reilly in your corner, Mr Snyder, take our unfettered congratulations before you even enter the ring. MooPig has a good feeling that this case will end in your favor. Thank you very musssh!
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