Does freedom of speech include the freedom to hate?
Christopher Curry
Contributing Writer
The U.S. Supreme Court will soon be faced with a challenge to rule whether or not free speech can take precedence over an individual’s right to privacy.
Lance Cpl. Matthew Snyder was killed in Iraq March 3, 2006. Like those of his fellow fallen Marines since the war began in 2003, his body was sent home to his family. He was honored with a military funeral and his family was presented a folded flag in tribute to his service.
Just outside the church where the funeral was taking place, protesters were singing their own versions of classic patriotic songs while waving signs with such slogans as: “Thank God for dead soldiers,” “fag troops” and “Thank God for 9/11.”
The Snyder family did not hear or see the protest until they returned home and began to watch local news coverage from the funeral. Al Snyder, Matthew’s father, filed a lawsuit against the group, known as the Westboro Baptist Church on the grounds of defamation of character, invasion of privacy and intentionally inflicting emotional distress.
In retaliation, the church posted on their Web site that Snyder’s family “raised him for the Devil” and “taught Matthew to defy his Creator, to divorce and to commit adultery.”
“We have the First Amendment in doomed America,” said Shirley Phelps-Roper, member of the WBC. “If the Snyder case prevails there will be no First Amendment left in this country.”
On Oct. 31, 2007, a federal jury in Baltimore, Md., returned a verdict against the church, which was ordered to pay the Snyder family $10.9 million.
WBC appealed the ruling to the United States Court of Appeals for the Fourth Circuit. On Sept. 24, 2009, the Fourth Circuit found that WBC’s protest was protected speech and did not violate the family’s privacy. The money owed to Snyder was repealed, and on March 30, 2010, Al Snyder was ordered to pay $16,500 to cover WBC’s legal fees.
“The Fourth Circuit found that we obeyed the law, hello, the First Amendment applies, so, you’re out,” said Phelps-Roper “These lawyers for Albert Snyder and Albert Snyder all knew they were on a fool’s errand. Here’s how we feel about [the verdict]. Ho-stinkin’-hum. We don’t care if you have a First Amendment or if you don’t. You have no respect for the laws of God; you don’t deserve that First Amendment given to you by your God.”
How convenient for WBC members that they can hide behind the very amendment they claim has no relevance – behind the very freedom that Matthew Snyder died to protect. In addition to losing his son, Al Snyder is out $16,500 plus his own legal fees trying to protect the integrity of his son’s memory.
Bill O’Reilly, Fox News commentator, has pledged to pay the entire amount.
Sean Summers of Barley Snyder LLP, Al Snyder’s attorney, plans to appeal to the Supreme Court later this year with the help of donations.
“We are seeking donations to cover the cost of filing the Supreme Court brief and an outstanding petition for costs of $97,000 from the district court,” Summers said. “Any donations received surpassing the cost to cover Snyder’s legal fees will be donated to health and education assistance for returning veterans. None of [the donations are] going to attorneys. None of it is going to Mr. Snyder.”
Filings to the Supreme Court will be submitted by May 24, 2010, and Snyder’s argument will likely be held in October. Any contact between Snyder and WBC members will be reserved to the courtroom.
“I have had no contact with [WBC].” Summers said, “Even if I wanted to, it’s hard to have an intellectual conversation with them.”
The Westboro Baptist Church believes that the world is doomed to hell because homosexuals are allowed to live freely in certain countries including the United States. They are based in Topeka, Kansas, and have operate under the leadership of Fred Phelps Sr. Members travel all over the country protesting any event they deem to be pro-gay, including all military funerals. A list of their planned protests can be found at their Web site, www.godhatesfags.com.
Anyone interested in staying up-to-date on the Snyders’ court proceedings or donating money to help with the Supreme Court costs can visit www.matthewsnyder.org. The site also has a link to Matthew Snyder’s memorial page on Facebook.
While WBC is a digusting group that makes Baptists, Christians, Americans and human beings in general look terrible, we must assent to the free speech even of our worst enemies. We may not restrain speech we find offensive or unsavory, any more than Nazi marches (see National Socialist Party of America v. Village of Skokie). It is sad that this group feels like they have to be so very disrespectful. But, if we deny them the right to criticize the American government, military and homosexuality on the street, how long will it be until we take away their right to do so in their privately owned church? That is not a road the United States can cross without being changed forever in ways we do not want to be changed.