Author Topic: Ugh... SCOTUS sides with Westboro  (Read 2353 times)

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Offline IronDioPriest

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Ugh... SCOTUS sides with Westboro
« on: March 02, 2011, 09:37:38 AM »
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High court rules for military funeral protesters
Decision upholds ruling throwing out $5-million judgment to father of dead Marine who sued church for picketing son's funeral


From MSNBC.com...

WASHINGTON  — The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount attention-getting, anti-gay protests outside military funerals.

The court voted 8-1 in favor of the Westboro Baptist Church of Topeka, Kan. The decision upheld an appeals court ruling that threw out a $5 million judgment to the father of a dead Marine who sued church members after they picketed his son's funeral.
« Last Edit: March 02, 2011, 09:42:12 AM by IronDioPriest »
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Offline Libertas

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Re: Ugh... SCOTUS sides with Westboro
« Reply #1 on: March 02, 2011, 05:11:30 PM »
 ::facepalm::
We are now where The Founders were when they faced despotism.

Offline AlanS

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Re: Ugh... SCOTUS sides with Westboro
« Reply #2 on: March 02, 2011, 07:27:05 PM »
While I don't agree with what they say......in fact I despise it........I do feel they have the right to say it. If they stop them, who CAN'T they stop?
"Malo periculosam, libertatem quam quietam servitutem."

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Offline IronDioPriest

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Re: Ugh... SCOTUS sides with Westboro
« Reply #3 on: March 02, 2011, 09:06:14 PM »
While I don't agree with what they say......in fact I despise it........I do feel they have the right to say it. If they stop them, who CAN'T they stop?

Well, the decision wasn't whether or not they had the fundamental right to protest, but whether or not they could be sued for damages by another citizen for doing it. Fine line, I know, but still a slight difference. I guess it would be up to a more legally astute mind than mine to say if the difference was material.
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Online Pandora

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Re: Ugh... SCOTUS sides with Westboro
« Reply #4 on: March 02, 2011, 09:10:39 PM »
While I don't agree with what they say......in fact I despise it........I do feel they have the right to say it. If they stop them, who CAN'T they stop?

There is another way to look at this, ala Mark Levin:  the USSC has a raft of "tests" it uses to decide cases, 1A being no different, and they've used such to issue rulings on limitations on free speech a) in schools, b) "nasty" tobacco advertising, c) political speech via money, and others.  This upsets the purists, of course, but it's happened ... except for this case.  For some  ::) reason, the Court couldn't find a limit for this egregiousness via one of their friggin "tests".
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

"Let us assume for the moment everything you say about me is true. That just makes your problem bigger, doesn't it?"

Offline IronDioPriest

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Re: Ugh... SCOTUS sides with Westboro
« Reply #5 on: March 02, 2011, 09:12:52 PM »
...For some  ::) reason, the Court couldn't find a limit for this egregiousness via one of their friggin "tests".

By an 8-1 margin no less.
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson