Fred Phelps wins

[alnorth]

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.

"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:

"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.

[Ebolapox]

would someone just ****ing kill those assholes already?

[kepp]

Ridiculous. Free speech shouldn't mean that you're free of consequences for that speech.

[alnorth]

(Before someone asks, yes normally this sort of thing should go to D.C. with the rest of the legal junk, but I figured this was a big enough deal to post to the lounge, since there was a big discussion in the lounge after the oral arguments)

[Dante84]

So screaming "Fire" in a crowded mall should also be legal now.

[Buehler445]

Originally Posted by kepp

Ridiculous. Free speech shouldn't mean that you're free of consequences for that speech.

Pretty much all there is too it. I shouldn't call your mother a whore and not expect a broken nose from it.

[Cave Johnson]

Originally Posted by Buehler445

Pretty much all there is too it. I shouldn't call your mother a whore and not expect a broken nose from it.

Your mom's a whore.

[kepp]

Originally Posted by Pittsie

Your mom's a whore.

**** just got real

[Valiant]

Originally Posted by alnorth

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.



The Chief Justice wrote the opinion. The dissent was written by Alito.

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.

Makes no sense. What is the difference in harassment there at funerals and harassment online and verbally bullying. It is not free speech, it is hatred used to cause distress.

[ClevelandBronco]

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.

[Frazod]

Originally Posted by H5N1

would someone just ****ing kill those assholes already?

Which ones - the Westboro assholes, or the Supreme Court assholes?

[DBOSHO]

Are you immune to getting your ass beat by 100 grieving family
Members?

[Brock]

Originally Posted by ClevelandBronco

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.

Reluctantly, this.

[Rudy won the toss]

So when will I be able to tell nancy that her tits look great?

[ReynardMuldrake]

It's the right decision. The Phelpses would do far more damage criminalizing speech then they could with a thousand protests. Let those windbags say whatever they want.