Hate speech and the Constitution
If he contributes nothing else to society, the infamous Fred Phelps has at least forced us to further examine the notion of free speech. At what point does offensive expression become punishable under the law?
Phelps is the leader of the Westboro Baptist Church, which has gained notoriety over the past decade as a result of its practice of protesting military funerals with signs that read “Thank God for IEDs,” “Thank God for Dead Soldiers,” and of course “God Hates Fags.” The group believes that our losses in the War on Terror (along with the suffering from Hurricane Katrina and from the economic recession) are part of God’s punishment for our tolerating homosexuality.
The Supreme Court will now hear Snyder v. Phelps, in which the family of a deceased Marine has sued for damages after Phelps et al showed up en force at their son’s funeral. Most Americans would universally and absolutely condemn the church’s actions. But should they be illegal? If the Court sides against Phelps, would that not open the door to further litigation and regulation of “unsavory” speech?
Truly, one of the law’s most difficult conundrums.
-Colin
Related posts:
- Fish on the First, Continued
- Is it unfair to televise an Obama speech?
- The myth of a “national security” limitation on free speech
- The Nobel speech as moral argument
- Free speech and Islam
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