Wednesday, March 2, 2011

SCOTUS - Phelps Wins 8-1

It is not a sports score, but it is related to the crude jeering that can be found in a minor league baseball.  The US Supreme Court has affirmed the constitutional right to be a jerk.  In Synder v. Phelps (link to opinion), the High Court ruled that the right to slander the dead, before a funeral, is protected free speech.  Actually, I agree with them.  This was an easy decision.  But, it is sad, very sad, that this ever occurred.  The expressions protected by this opinion are as follows: "Thank God for Dead Soldiers" "You're Going to Hell" etc.
There should the a High Court of Mothers who could say, "We are so disappointed.  I broke my back raising you, and this is all you can do...?"

On the legal issues, this statement from Chief Justice Roberts says it all, "On the facts before us, we cannot react to that pain by punishing the speaker. 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."


  1. I also agree with Roberts, but I think we all need to hang our heads in shame when even the dead are slandered and insulted, and the mourners can only cry in disbelief. I'm not sure there isn't a special level of Hell for demonstrators that act this way. Even though your right to do a thing is guaranteed, does not mean you should necessarily do it. I'm must saying.