Supreme Court Rules for Protesters at Military Funerals

Members of the Westboro Baptist Church of Topeka, Kansas appeared at Lance Cpl. Matthew A. Snyder’s funeral with signs saying “Thank God for Dead Soliders” and “God Hates Fags,” causing great pain to Snyder’s family and friends.  Snyder’s father sued the church for intentional infliction of emotional distress and won a substantial jury award, which was later overturned by the appeals court. The Supreme Court ruled on the case on Wednesday, holding that such funeral protesting is protected speech.

Chief Justice Roberts wrote that two principal factors required a ruling for the church. First, its speech involved matters of public concern: political and moral conduct of the U.S., homosexuality in the military, the fate of our nation, and scandals involving the Catholic clergy. Second, the church members were rightfully picketing on a public street in compliance with laws and police instructions. Chief Justice Roberts wrote that the protesters’ speech “cannot be restricted simply because it is upsetting or arouses contempt.”

Justice Alito was the lone dissenter, stating, “In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims.”

Adam Liptak, Justices Rule for Protesters at Military Funerals, N.Y. Times, March 2, 2011.