Emotion and Bad Law: The Snyder v. Westboro (Phelps) verdict

So, the US District Court (Baltimore) has awarded Albert Snyder $10.9 million dollars. The verdict came against the Westboro Baptist Church of Topeka Kansas, a fundamentalist cult operated by the Fred Phelps family. Phelps is well-known for his anti-homosexual rantings, which he takes to an extreme: in the current case, he and his church members protested outside the funeral of Lance Cpl. Mathhew Snyder, a young soldier who died in Iraq in March 2006. Phelps and his minions regularly protest around the country carrying signs that proclaim, "God Hates Fags" and "God Hates America." They believe that the carnage in Iraq is God's condemnation on the United States for this country's toleration of homosexuality. The dead soldiers father (Albert) sued for emotional distress, and won.

Emotional issue. Terrible Verdict.

I agree, Phelps is a madman. A raving lunatic. An obsessed crusader. His antics are disgusting. His mere appearance at these funerals is disgusting, despicable, heartless, and mean-spirited. His theology is off the wall.

It is also protected by the US Constitution.

That speech which is most abhorrent is precisely that speech that must be protected.

If we begin to punish speech which is heartless and meanspirited, we have started down a slippery slope. Does that mean that members of the US Nazi party should *not* have the right to parade, if it upsets Jewish residents or holocaust survivors? Does it mean that racists should no longer have the right to give political speeches if it upsets a black citizen who remembers the days of southern lynchings?

Lets take it further: Does it mean that cities should be able to ban Gay Pride parades and festivals because it deeply offends its religious citizens? Think about this, folks.....do we really want to punish and ban and fine speech that is found to be 'offensive?'

Once we say that offensive speech is not protected speech, we have destroyed the very concept of Freedom of Speech. What Phelps does is repugnant, and he is properly vilified in the media for his nonsense. Frankly, I wouldnt even mind if someone decked him. I might even be tempted to deliver the blow myself....

But the government must not punish offensive speech - or we *all*in trouble - especially those of us who find ourselves in minority communities.

The verdict does not mean that the Snyders will receive compensation. the Church and the Phelps' will assuredly hide most of their assets, if they have any. But it does cast one more dangerous precedent that will come back to hurt us all. 9/11 became an excuse for chipping away at civil liberties.. We now readily engage in the very activities we used to chide the Soviet Union for (warrantless wiretaps, secret prisons, torture, passports requirements, Real ID). The banning of 'offensive' speech is simply one more step down the road towards a totalitarian society.

A Random Collection of my Favorite Quotes

"Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in sideways, thoroughly used up, totally worn out, and loudly proclaiming, "Wow - What a ride!'"

"Forgiveness is usually easier than permission"

"There's only now, there's only this, forget regrets, or life is yours to miss..." (from Rent)

"They who would give up an essential liberty for temporary security, deserve neither liberty or security" (Ben Franklin)

"The Market will always prevail over the Law."

"I'm a Libertarian. I'd like to get the Republicans out of my bedroom, and the Democrats out of my wallet."

"The only difference between guys in jail and us is that they got caught and convicted."

"In all numerous assemblies, of whatever characetr conposed, passion never fails to wrest the sceptre from Reason." (James Madison)

"But what more oft in Nations grown corrupt, and by their vices brought to servitude, Then to love bondage more than Liberty, Bondage with ease then strenuous Liberty."
(John Milton; Samson Agonistes,1671;lines 268 - 271 )


If I Was Inside Out
Barnes & Loudboy

If I was inside out
Would you love me like you do?
If I was inside out

If you could see my heart
And the Truth was in plain view
If I was Inside Out

I peel back the layers and lies and disguises
Open my soul to the light of your eyes

CHORUS:

If you enter to the very heart of me
Would you understand the ugly mess you’d see?
See my anger, feel my passion
Burning raw like the sun deep inside

I was Inside Out
If you looked into my face,
Would you have to turn away?

Would you know what I’m about?
Could you stand and swallow truth?
If I was Inside Out?

I peel back a lifetime of lies and disguises
Open my heart to the light of your eyes

[CHORUS]

All my Skin & bones,
Every silent scream
If I was Inside Out
Every choked back word,
Every strangled dream
If I was Inside Out

If I was Inside Out
So could you see my heart
Would you love me?
Could you love me?

If I was Inside Out
And you could see my heart…

[Chorus]

If I was Inside OutIf I was Inside Out
My Naked-Ass Truth kickin’ you in the balls

Would you hold me?
Would you love me?
Could you love me?
If I was Inside Out?