Supreme Court Rules Funeral Protests Are Protected Speech

In an 8-1 decision, the Court ruled members of the Westboro Baptist Church have a constitutional right, guaranteed by the First Amendment, to protest at military funerals.

Historically, most free speech cases that reach the Supreme Court involve unpopular speech. However, just because it's wrong to say something hateful doesn't mean it's not protected by the First Amendment. I find it very disturbing that Samuel Alito, the lone dissenter, believes the government should be able to limit protests because someone else disagrees with message of the protesters.

Chief Justice John Roberts, writing for the majority, wrote “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain."

Under the First Amendment, however, he went on “we cannot react to that pain by punishing the speaker.” Our right to free speech, he wrote, requires protection of "even hurtful speech on public issues to ensure that we do not stifle public debate."

Fred Phelps and his gang of Christian thugs are hateful people but, under rights guaranteed in the First Amendment, they have a right to put their hate on display. Of course, the rest of us have a right to protest against them and to challenge their hate.

We cannot, however, demand the government shut them up.