Is an offensive protest at a military funeral protected by the first amendment right to free speech? Members of Topeka’s Westboro Baptist Church spread their message outside the Supreme Court, professing their right to protest in public places, including military funerals. Justices questioned the extent of free speech rights in the case Snyder v. Phelps.
The case pits Snyder’s right to grieve privately against church member’s right to free speech, no matter how offensive. As members protested outside, lawyers for the fundamentalist church asked the Supreme Court to protect their controversial protests against homosexuality and immorality.
"This could really set a standard that will be with us for a very long time,” said Washburn University Law professor Bill Rich.
Rich said this is the biggest case the high court heard so far this year. Rich said this is a tough case for the justices because Westboro's protest targeted a private individual and not a public figure.
The case began in 2006. Westboro members protested prominently at the funeral for Lance Cpl. Matthew Snyder waving anti-gay and anti-military signs. The marine, who was not gay, was killed in action in Iraq.
"All we wanted to do was bury Matt with dignity and respect,” said Matthew’s father, Albert.
Albert Snyder sued Westboro and ultimately won a $5 million verdict. That was thrown out on appeal. Now, Snyder wants that verdict reinstated by the Supreme Court.
Rich said justices agreed to hear the controversial case in order to give clarity to the recurring issue.
“It’s certainly an area of the law where there is a gap currently,” said Rich.
The Associated Press reported from inside the courtroom that Justice Ruth Bader Ginsburg said the question is whether the First Amendment must tolerate "exploiting this bereaved family."
While Westboro's attorney, Margie Phelps, said quote "no American should ever be required to apologize for following his or her conscience."
The justices will make internal preliminary decisions within a week. They will then draft opinions. However, a final ruling is not expected until the middle of next year.
