Is it free speech or hate speech

I believe free speech to be a fundamental right in our representative republic. I also believe,as SCOTUS has ruled in past cases,there are limits to free speech. I find what the members of this church have done to be reprehensible beyond words and if it were my son or daughters funeral,this church protested, I suspect I could very well be looking at a lengthy prison sentence. In my mind a funeral is a private family affair and for any group to use it as a platform to stage a political protest is beyond the pale and then to hide behind the first amendment to justify it,in my opinion,is a gross manipulation of the intentions behind the first amendment. According to the article the justices seemed to be looking for a way to rule in favor of the marines father and I think they should. So what do you all think?

http://www.comcast.net/articles/news-politics/20101006/US.Supreme.Court.Funeral.Protests/

I think if it is filled with hatered it shouldn't be allowed. If they wanted to make a difference go to DC and protest at the whitehouse or Capitol hill where it can actually make a difference. To do it at a fallen soldiers funeral is just pathetic and is causing them more harm then its doing any good.
If I was the father or any member of that family I like you L2F&H would be in prison cuz I would of beat the holy living shit outta them.

It seems less and less people have common sense and common decency. Do they have the right to do what they did, yes. Was it appropriate, NO!! Can't fix stupid or common sense (lack thereof), so the SCOTUS will rule in favor of free speech and say this was within their first amendment rights, but it doesn't make what was done okay. I think the father is going to civil court with this and will probably win.

Like I mentioned on the other thread, I think the SCOTUS will uphold the westboro church's right to free speech. They (Phelps and ilk) tend to be pretty carefull about spewing their drivel on public property. There are just as vile groups who routinely hold rallies and protests that have been upheld by the court so I highly doubt a new precident will be set in this case. Bottom line, we have the right to assemble and speak in this country no matter how unpopular our words are.

I agree with luv2fsh&hnt, I am pretty sure I could kill at least 5 of them before they could stop me.

In the context of the first amendment free speech is protected as a device for the people to seek redress of grievances the people have with the gov't. How does protesting at a funeral of a fallen marine redress a grievance with the gov't? An individuals right to free speech ends where another individuals right to privacy begins. I think this church has the right to say what they are saying but because of the venue they chose overstepped their bounds. If they would have held their protest at the Lincoln Memorial even on the day of the funeral it would most definitely fall under the protection of the first amendment but at a cemetary disrupting a private function is another matter. Just like you can't scream "fire" in a theatre or say "I would like to kill the president" in any venue without facing criminal charges. This type of protest should not be allowed because of the emotional harm it causes.

luv2fsh&hnt wrote:

In the context of the first amendment free speech is protected as a device for the people to seek redress of grievances the people have with the gov't. How does protesting at a funeral of a fallen marine redress a grievance with the gov't? An individuals right to free speech ends where another individuals right to privacy begins. I think this church has the right to say what they are saying but because of the venue they chose overstepped their bounds. If they would have held their protest at the Lincoln Memorial even on the day of the funeral it would most definitely fall under the protection of the first amendment but at a cemetary disrupting a private function is another matter. Just like you can't scream "fire" in a theatre or say "I would like to kill the president" in any venue without facing criminal charges. This type of protest should not be allowed because of the emotional harm it causes.

Excellent point!

I heard on a radio program (don't recall which one) that the father of the deceased service member who brought the suit did not actually see the protesters the day of the funeral, but saw them after the fact on video. That alone may weigh in on the outcome of this case. It will be an interesting one to watch.