The U.S. Supreme Court ruled 8-1 (Alito dissenting) in favor of free speech at the expense of giving a legal victory to a repugnant group. While the Westboro Baptist Church hates what they view as both the sinner and the sin, the court properly rebuked the Phelpses while correctly expressing utmost devotion to their right to propagate their wayward message. As the brevity of Chief Justice John Roberts’ opinion confirms, there’s very little to this case and the Phelpses’ actions, ugly and objectionable as they are, are as constitutionally protected as a neo-Nazi parade. If people don’t like that, they can change state laws to put certain further restrictions on protests near funerals or other sensitive areas — or federal laws in the case of military cemeteries — but they shouldn’t be able to sue simply for being offended. — Ilya Shapiro, Cato@Liberty blog
Wednesday’s 8-1 decision by the U.S. Supreme Court to uphold the free speech rights of the Westboro Baptist Church should send a chilling message across America, because it will only embolden Fred Phelps and his followers to protest any funeral for whatever reason — and without legal recourse for the bereaved. This case should not be regarded as a victory of any sort by First Amendment advocates; it is just another extreme test of the high court’s tolerance and its interpretation of the U.S. Constitution. What everyone should worry about is, what challenge comes next? The Veterans of Foreign Wars of the United States now urges all state legislatures to further strengthen their laws to help protect military families from future protests and great emotional pain that can be just as debilitating as any physical injury. Funerals are about remembrance and respect for the fallen and their families. Westboro is not invited. — Richard L. Eubank, national commander, Veterans of Foreign Wars of the United States, in USA Today