Wednesday, March 2, 2011

I deeply support free speech but....

No one believes in free speech and the First Amendment than I do. That is, except for eight justices of the Supreme Court.
Today, the Court held 8-1 that a church group could picket the funeral of a Marine killed in combat carrying signs with slogans like "Thank God for IEDs" and "Thank God for Dead Soldiers." Other signs included "God Hates Fags" and "Fags Doom Nations." The church group is very anti-gay and takes the position that events like 9/11 and the death of members of the military is God's punishment for allowing homosexuality. Members of the church travel around the country doing the same thing at other military funerals. They've done it hundreds of times.
The Marine's father sued the church for intentional infliction of emotional distress. His theory was that he is a private person who shouldn't be subjected to this kind of abuse during the funeral of a son who gave his life for his country.
While I agree that the church members have the right to be anti-homosexual and to express those opinions, it raises my hackles to see them use my precious First Amendment to, in the words of Justice Samuel Alito, "brutalize" the father of this fallen Marine. I don't often agree with Justice Alito but I think he's right on point here.
If they want to shout down President Obama and tell him he will burn in hell for allowing gays in the military, I'd represent them. If they want to picket a gay political caucus meeting, more power to them. It's their right. I disagree with them but I believe in their right to express their views on public matters in public.
However, I also believe that all private persons have a zone of privacy which should be protected. We can pass laws forbidding picketing at private homes. The Supreme Court has said so. We all should have other zones of privacy where we can be protected from intrusions.
That Marine's family was entitled to mourn their son in peace. They sure didn't need to be forced to pass pickets on the way to the funeral with signs suggesting that their son's death was God's punishment for homosexuality in society. The church had thousands of places it could have picketed without intentionally torturing this grieving family.
I recently buried my mother. Losing a loved one, even a mother who had lived 100 years and died after only a short illness, is tough. It has to be even harder when the person being buried is a child who gave his life to protect our country -- and the church's right to protest homosexuality.
Funerals are a way for us to get closure after a loved one's death. Virtually every country's military recognizes this and provides special ceremonies for those who have worn the uniform. I've been to too many military funerals recently. My friends who served are reaching the age where they are dying. When I look at that coffin covered by a flag, hear a bugler play Taps and the firing of three volleys, it always brings tears to my eyes.
To Albert Snyder and his family, I say, thank you for the sacrifice of your son Matthew. Without young men like him, the United States would be at the mercy of those who would destroy us and take away our freedoms. All over the world, there are young Americans in uniform carrying weapons who are guarding us while we sleep.
It is a terrible price you had to pay but I for one am grateful for Matthew's service and your sacrifice.
As to the members of the Westboro Baptist Church in Topeka, Kansas, you won in the Supreme Court but someday you will appear before a higher court. I hope you have a good explanation for your acts in torturing the families of our men and women who gave their lives for our country.
I'm a pretty good defense lawyer but I can't think of a good explanation for you.