A few weeks ago, the Supreme Court ruled in favor of the Westboro Baptist Church in its legal battle against Al Snyder, who sought to sue the church because of their protest at his son's (Lance Corporal Matthew Snyder) funeral. He was seeking damages due to emotional distress because of this church's complete lack of regard for him or the sacrifice that his son made for this country. I do not know of anybody that agrees with Fred Phelps and his family regarding their beliefs. However, many have come out to defend the Supreme Court's ruling on this matter.
As I paused to think about the decision, I tried to conclude in my own head whether this decision was the right decision to make. Our Constitution is to be applied to all Americans equally (even though the courts have not always applied it that way). Decisions from the court are to be based on laws, especially our Constitution. Court decisions should not be based on one's opinions or emotions. The more I struggled over this, the more I realized that the court, unfortunately, did get this decision correct. Just because I do not like what one person (or group) is saying or doing does not mean that they do not have the same freedoms that I have.
The Phelps family (probably emboldened by the recent Supreme Court decision) is now planning to protest at the funeral for 7 children of the Clouse family that died tragically in a fire last week. Here is a hardworking, blue-collar family who has just suffered such a great loss, and this despicable group of people wants to protest at the funeral. These people have no shame. I can't imagine the pain and agony and loss that the Clouse family is experiencing, and the Phelps family wants to make it even worse. However, just because I find these actions appalling does not necessarily make their actions illegal.
When the founders drafted the Constitution, they were keenly aware of what it was like for the government to stifle speech that they (the government) did not approve of. The founders did not want that kind of environment here in America. They understood the need for opposing ideas to be openly debated. They understood the importance of the ability of the masses to disagree with the elected officials. They understood the importance of elections, so that if the citizens thought that it was time to change the leadership, then they could make the change via elections. So they included the freedom of speech in the 1st Amendment.
Due to current events, we can see what it is like for governments to stifle the free speech of dissenters (just look at places like Libya and China). If these nations do not like what people are doing or saying, they arrest them and throw them in jail, sometimes even executing people who are trying to cause "trouble" for the government. If the government takes free speech rights away from people, it becomes easier to take away other rights, because the people are not able to speak against the government.
Let's think about this in the context of religion. The church that I go to preaches an evangelistic message. They preach right vs. wrong, holy vs. unholy, heaven vs. hell. Some will find this offensive. If these few are offended, they do not need to come to the church. They can choose to stay home. If the government starts to limit what can be preached based on what is offensive to some (and some would argue that they already do), then we, as Christians, would be offended by the government and their usurpation of religious freedoms. The church will then be severely limited in what they are able to legally preach. So, just because someone disagrees with what we say or we disagree with what someone else says does not mean that we should stifle their ability to speak freely. This becomes a Pandora's Box that should not be opened.
This freedom of speech has endured since the founding of our country, but there have also been limitations put on it over the years. You cannot say things in order to create a panic (this is the "You can't yell fire in a crowded theater" argument). You cannot knowingly lie about others with the intent to damage their reputation (libel and slander). These are, in my opinion, common sense measures to ensure that our freedom of speech does not allow us to ruin somebody else. In other words, along with the freedom of speech, we have the responsibility to use that freedom wisely.
If we decide that free speech rights apply to some and not to others, then we will become like some of these other nations we see today who are persecuting their own people. We cannot, and should not, stoop to the level of dictators and tyrants. For America to flourish, we need to be able to express our ideas and opinions about what would make this a better country, which will sometimes work for us and will sometimes work against us.
Now, with this being said, let me say that I in no way agree with the Westboro Baptist Church and what they are doing. These people are a despicable and appalling people. God told us through His Word to hate sin, but he did not tell us to hate the sinner. The Great Commission tells us to reach out to the lost, not to take condemnation and judgment into our own hands. I believe that these people are neither Baptist nor Christian. They are a cult. They do not preach the God of the Bible. One day, when the shoe is on the other foot, how will they react if, and when, they are treated in this same manner?
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