First Amendment
4th Circuit Nixes Award Against Anti-Gay Funeral Protesters
Posted Sep 25, 2009 5:55 AM CST
By Debra Cassens Weiss
A federal appeals court has cited the First Amendment in a decision that overturns a $5 million judgment against members of an anti-gay church who protested at a soldier’s Maryland funeral.
The 4th U.S. Circuit Court of Appeals based in Richmond, Va., said the protesters’ signs carried ''imaginative and hyperbolic rhetoric'' protected by the First Amendment, the Associated Press reports.
Signs carried messages such as, “Thank God for dead soldiers.'' The protesters, members of the Westboro Baptist Church in Kansas, believe God is punishing America for tolerating homosexuality, abortion and divorce. They stage the funeral protests to draw attention to their beliefs.
The 4th Circuit panel said the First Amendment protected even "distasteful and repugnant" speech, according to the Topeka Capital-Journal and the Baltimore Sun.
The plaintiff, Albert Snyder, was originally awarded $11 million for emotional distress and invasion of privacy caused by the group’s protest at the funeral of his son, a soldier killed in Iraq. A federal judge reduced the award to $5 million.
Snyder’s lawyer, Sean Summers, said he would appeal. "There are a lot people sending their kids over to war, and unfortunately, they're not all coming back,” he told the Baltimore Sun. “You would think that at least we could offer them dignity and respect."

Comments
AndytheLawyer
Sep 25, 2009 9:28 AM CST
In keeping with Thomas Jefferson’s maxim (here I paraphrase) that the solution to nasty free speech is mroe nasty free speech from the other side, I recommend that those who attended those funerals and were offended picket the demonstrators’ church with even more offensive signs. Something along the lines of: “God sends bigots to Hell” or “If you think God was a dead Jew, you’re a moron.”
Distasteful and repugnant? Sure. But they deserve it.
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B. McLeod
Sep 26, 2009 12:06 AM CST
I wonder how the members of this church would feel, if half the people in the country turned out to celebrate the death of one of their close family members.
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