Poop Fred Phelps wins - Page 6

**alnorth** · 12:37 PM

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.

Mr. Laz · 03-02-2011, 12:38 PM

Quote:

Originally Posted by Wickedson

Yeah I'm not sure what the uproar is here.

Obviously the Supreme Court was going to rule this way. Sure most of them are pretty right leaning nowadays but they still maintain the "common sense" of free speech.

most bullying and racial slurs are "just" free speech too

shouting fire in a crowded movie theater is just free speech

online hate stalking is just free speech

courts are pretty dam selective with free speech when it suits them imo

ElGringo · 03-02-2011, 12:43 PM

I have not really kept up with this, but one question came to mind with all this (well, more than one, but haven't seen this asked). Has anyone patrolled the language used at these protests? I am sure at many of these funerals there are children under 18, and if obscenity is used at the protest (which I believe bundle of sticks as used to gay people has been claimed as obscene) couldn't they sue the group for that (i.e. suing the networks for allowing obscenity on the air because children can and do watch)?

**jAZ** · 03-02-2011, 12:54 PM

Quote:

Originally Posted by alnorth

From Alito's lone dissent:

"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case,"

Either Alito was picked on as a kid or he's never visited the internets.

**jAZ** · 03-02-2011, 12:57 PM

Quote:

Originally Posted by Laz

most bullying and racial slurs are "just" free speech too

shouting fire in a crowded movie theater is just free speech

online hate stalking is just free speech

courts are pretty dam selective with free speech when it suits them imo

These people aren't stalking anyone. They are (amazingly peacefully) protesting a wide range of events.

**Donger** · 03-02-2011, 01:05 PM

Does anyone know how they are funded?

**dirk digler** · 03-02-2011, 01:10 PM

Quote:

Originally Posted by Donger

Does anyone know how they are funded?

Probably lawsuits and donations.

**BigMeatballDave** · 03-02-2011, 01:10 PM

Quote:

Originally Posted by Donger

Does anyone know how they are funded?

Probably by other hate groups. KKK, Aryan Nation, etc.

**Bowser** · 03-02-2011, 01:15 PM

Quote:

Originally Posted by Donger

Does anyone know how they are funded?

I believe the entire family is comprised of lawyers, and I have no trouble thinking that there are groups upon groups of racist idiots that would use them as their representation.

Bambi · 03-02-2011, 01:15 PM

Quote:

Originally Posted by jAZ

These people aren't stalking anyone. They are (amazingly peacefully) protesting a wide range of events.

Correct. As ****ed up as their ideology is they don't really have a history of physical violence.

The courts will let you say nearly anything as long as you don't act on it.

**Slainte** · 03-02-2011, 01:16 PM

I'm guessing he gets some donations from sympathetic church-members. Aren't most of his children practicing lawyers? That must bring in a dollar or two...

**Donger** · 03-02-2011, 01:16 PM

Quote:

Originally Posted by Bowser

I believe the entire family is comprised of lawyers, and I have no trouble thinking that there are groups upon groups of racist idiots that would use them as their representation.

They are lawyers, too? Well, that makes me despise them even more.

**Rausch** · 03-02-2011, 01:21 PM

Quote:

Originally Posted by Wickedson

Inspired by the homophobic beating and murder of Matthew Shepard these Angels of Peace have been a very effective method of blocking the Phelps group from grieving family members at funerals.

Most recently they participated in lining the streets of the funeral for Christina-Taylor Green in Arizona.

Nice.

Honestly I'm glad the douche won. He deserves to be launched into a thorny burning AIDS tree, agreed, but free speech has been taking a beating lately.

The pheps people are widely outnumbered by those with common sense and decency...

chiefsnorth · 03-02-2011, 01:35 PM

Quote:

Originally Posted by ClevelandBronco

So effective, it would appear, that you can't even see the Phelps group in that photo.

Most people don't realize this but the whole group is like 10-15 people, on inbred family. I saw one of these pickets once and there were I think 3 of them. Maybe that wasn't representative, but they don't have a big footprint and are kept far away by police usually. In this case the soldier's dad sued after reading something they posted online, not about a picket IIRC

**Rausch** · 03-02-2011, 01:37 PM

Quote:

Originally Posted by chiefsnorth

Most people don't realize this but the whole group is like 10-15 people, on inbred family.

I didn't know that but I, and I'm sure most, suspected it...

chiefsnorth · 03-02-2011, 01:40 PM

Quote:

Originally Posted by Rausch

I didn't know that but I, and I'm sure most, suspected it...

I only know what I read in the media but there was a detailed article I saw once that said basically it's two families that have intermarried. There were a lot of other facts like how they wear Kevlar, their "compound" is lined with cameras, and you can't just walk in and attend church or anything, it's private... I'll see if I can dig that article up later. I want to say th LA times or some other major paper had done it.

I saw them here protesting something odd, I don't remember what, a few years ago. I live downtown and happened to walk past in the morning so it piqued my interest.

03-02-2011, 12:43 PM	#77
ElGringo Veteran Join Date: May 2008 Location: Shreveport, La Casino cash: $9985100	I have not really kept up with this, but one question came to mind with all this (well, more than one, but haven't seen this asked). Has anyone patrolled the language used at these protests? I am sure at many of these funerals there are children under 18, and if obscenity is used at the protest (which I believe bundle of sticks as used to gay people has been claimed as obscene) couldn't they sue the group for that (i.e. suing the networks for allowing obscenity on the air because children can and do watch)?
Posts: 1,196

03-02-2011, 01:05 PM	#80
Donger "Think BOOM!" Join Date: Nov 2003 Location: 33.675° N 106.475° W Casino cash: $10019900 VARSITY	Does anyone know how they are funded? __________________ I think the young people enjoy it when I "get down," verbally, don't you?
Posts: 181,604

03-02-2011, 01:16 PM	#85
Slainte Please speak your mind Join Date: Feb 2006 Casino cash: $10010402	I'm guessing he gets some donations from sympathetic church-members. Aren't most of his children practicing lawyers? That must bring in a dollar or two... __________________ And the leaves of the tree were for the healing of the nations Revelation 22:2
Posts: 3,251