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Old 03-02-2011, 09:43 AM  
alnorth alnorth is offline
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Fred Phelps wins
The Supreme Court has just ruled in an 8-1 decision that if you protest at a funeral, you are immune to lawsuits from the family for inflicting emotional distress.

Quote:
"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. On the facts before us, we cannot react to that pain by punishing the speaker,"
The Chief Justice wrote the opinion. The dissent was written by Alito.

From Alito's lone dissent:

Quote:
"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case,"
No one disputed that you have a right to protest at a funeral (ie, you cant be thrown into jail or barred by the government), the question was whether you could be sued if your protest emotionally damages your target at a funeral.

The $5 million judgment against the Phelps clan has been thrown out, and now the father of the dead marine who originally sued has to pay the Phelps' legal bills.

edit: oh, also for the legal nerds out there, that windbag justice Breyer apparently wasn't satisfied with simply signing onto the majority opinion, he wrote his own concurring opinion.
Last edited by alnorth; 03-02-2011 at 12:37 PM..
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Old 03-02-2011, 10:15 AM   #16
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Which ones - the Westboro assholes, or the Supreme Court assholes?
Yes.
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Old 03-02-2011, 10:18 AM   #17
Saulbadguy Saulbadguy is offline
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Originally Posted by ClevelandBronco View Post
You don't get to bitch about this if you're one of those assholes that prattles on endlessly about the erosion of Constitutional rights.

Good decision.
This.
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Old 03-02-2011, 10:19 AM   #18
Skyy God Skyy God is offline
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Reading just the syllabus of the decision, the court made the right call. Allowing emotional distress for speech that is purely public in nature (c.f., your mom is a whore), no matter how disagreeable, expands the tort into a protected area of discourse.
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Old 03-02-2011, 10:19 AM   #19
The Franchise The Franchise is offline
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So screaming "Fire" in a crowded mall should also be legal now.
Ummm.....how is that the same?
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Old 03-02-2011, 10:20 AM   #20
Deberg_1990 Deberg_1990 is offline
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I saw we all protest the funeral of Chief Justice John Roberts when it happens.
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Old 03-02-2011, 10:20 AM   #21
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There have to be reasonable boundaries to all things. Do you really think Madison had shit like this in mind when he proposed the Bill of Rights? Abusing grieving family members in the name of some twisted extremist agenda? It's revolting and indefensible.
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Old 03-02-2011, 10:21 AM   #22
Saulbadguy Saulbadguy is offline
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Originally Posted by frazod View Post
There have to be reasonable boundaries to all things. Do you really think Madison had shit like this in mind when he proposed the Bill of Rights? Abusing grieving family members in the name of some twisted extremist agenda? It's revolting and indefensible.
Assault rifles?

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Old 03-02-2011, 10:21 AM   #23
Saulbadguy Saulbadguy is offline
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Originally Posted by Dante84 View Post
So screaming "Fire" in a crowded mall should also be legal now.
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Old 03-02-2011, 10:22 AM   #24
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Quote:
Originally Posted by frazod View Post
There have to be reasonable boundaries to all things. Do you really think Madison had shit like this in mind when he proposed the Bill of Rights? Abusing grieving family members in the name of some twisted extremist agenda? It's revolting and indefensible.
Pretty lopsided decision for a case without a defense.
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Old 03-02-2011, 10:22 AM   #25
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Assault rifles?

When the bad guys have them too? You bet.
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Old 03-02-2011, 10:23 AM   #26
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If at every single funeral that the inbreds protested, a family member were to attack them because of the mental distress, would the "free speech" have been classified as a "clear and present danger to the public" akin to "screaming fire in a theater"? Maybe more violence is needed.
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Old 03-02-2011, 10:24 AM   #27
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When the bad guys have them too? You bet.
Hey - anyone is allowed to picket a funeral.
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Old 03-02-2011, 10:24 AM   #28
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We need to send these ****ers to Skidmore. They know how to take care of business.
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Old 03-02-2011, 10:26 AM   #29
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Originally Posted by frazod View Post
There have to be reasonable boundaries to all things. Do you really think Madison had shit like this in mind when he proposed the Bill of Rights? Abusing grieving family members in the name of some twisted extremist agenda? It's revolting and indefensible.
The mo. Woman who harassed the girl on myspace should be countersuing now with this ruling. Her harassing the girl is perfectly legal, they infringed on her right of free speech, she can say it is part of her religious beliefs for bonus.
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Old 03-02-2011, 10:32 AM   #30
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Anyone heard anything else about An#n's war against them?
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