In a forceful reaffirmation of First Amendment principles, the Supreme Court ruled this morning that no matter how offensive, the virulent anti-gay demonstrations staged by the Westboro Baptist Church at military funerals are protected free speech.
The Court ruled 8-1 in Snyder v. Phelps that under the First Amendment, the church and its members could not be held liable for the infliction of emotional distress in a tort suit brought by Albert Snyder, the father of a Marine killed in Iraq whose funeral in Maryland was picketed by members of the Kansas church.
Chief Justice John Roberts Jr, who wrote the majority opinion, announced it from the bench in an almost sorrowful tone, as if regretting that the Court was in the position of protecting such offensive speech. But he said that "as a nation we have chosen ... to protect even hurtful speech on public issues to ensure that we do not stifle public debate." Justice Samuel Alito Jr., the lone dissenter, did not read from his dissent.
We'll have more on the historic decision later today at nlj.com and at Supreme Court Insider (subscription required.)
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