Political India: Engaging America

From The Hindu

Resurrecting the United States’ centuries-old philosophical tussle between freedom of expression and hate-mongering, the U.S. Supreme Court ruled in an 8-1 decision on Wednesday that the virulently anti-gay Westboro Baptist church could continue to picket funerals of U.S. soldiers killed in Afghanistan.

The Supreme Court’s decision upholds an earlier ruling issued by a federal appeals court in Virginia, which overturned a preliminary verdict in favour of the father of a slain soldier. That man, Albert Snyder, father of a 20-year-old marine, Lance-Corporal Matthew Snyder, had taken issue with his son’s funeral service being disrespected by the Westboro Baptist protestors.

In the immediate vicinity of Mr. Snyder’s funeral proceedings the church members were reported to have carried placards saying “Thank God for Dead Soldiers,” “You're Going to Hell,” and numerous derogatory terms for gay persons.

The church, described by some as “the most detested church group in America,” has regularly appears during military funerals in support of its view that god was punishing the U.S. for its tolerance of homosexuality and the U.S.’ military engagements in Afghanistan and Iraq were manifestations of that punishment.

In the ruling of the apex court, Chief Justice John Roberts argued that “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.”

Yet, he said, arguing for the majority on the bench, under the First Amendment it was unconstitutional to “react to that pain by punishing the speaker.” Rather, he argued, the constitution’s commitment to free speech required protection of even hurtful speech on public issues to ensure that we do not stifle public debate.

In his dissenting note Justice Samuel Alito wrote that “The verbal attacks that severely wounded petitioner in this case complied with the new Maryland law regulating funeral picketing.”

However, “Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case,” he said. Justice Alito was reported to have added that the Westboro church “may speak out in many ways in many places and should not be allowed to capitalize on the private grief of others.”