The Supreme Court of the United States (SCOTUS) upheld first amendment rights on Free Speech in its 8-1 decision in favour of the Wesborough Church protestors. The church had been protesting at funerals of soldiers and others, contributing their deaths to divine punishment of America's tolerance of gays.
In an almost unamimous decsion, including all of the most Liberal judges of SCOTUS, Chief Justice Roberts wrote, that Westboro Baptist Church's picketing at fallen soldiers' funerals "is certainly hurtful and its contribution to public discourse may be negligible." But he said the reaction may not be "punishing the speaker."
"As a nation we have chosen a different course - to protect even hurtful speech on public issues to ensure that we do not stifle public debate," Roberts said.
In the only deseceding opinion Justice Samuel A. Alito, Jr, considered to be conservative, wrote:
"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," he wrote.
As a Canadian I find the judgment of SCOTUS troubling. Where does the First Amendment end and where does hate speech start. One must sympathize with Justice Alito and his comment that the First Amendment should not b a license for the vicious verbal assault that occurred in this case.
While I realize that the First Amendment is sacred to Americans, a line should be drawn to hateful comments. In a discussion yesterday a legal expert tried to point out the difference.
In this case, apparently, whether the comments are personal or a public display make a difference. Had the Westborough Church followed the Snyder family home and harassed them, the outcome would have been different. Also SCOTUS did not take the internet attacks into consideration, although Justice Altino did.
As a Canadian, I will refrain from understanding America's First Amendment Right and gun laws. To say the least, both of them are troubling.
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