In March 2006, a funeral was held for Lance Corporal Matthew Snyder, a U.S. Marine who was killed in Iraq . Fundamentalist Preacher Fred Phelps of Kansas ’ Westboro Baptist Church and some of its members attended Snyder’s funeral. It was not, however, to pay their respects to Snyder. The 75-member, mostly interrelated congregation based in Topeka , Kansas , says soldiers are dying because of the nation’s tolerance of homosexuality. According to one web site, “At Snyder's funeral in Westminster , Maryland , Phelps and other protesters held up a variety of offensive signs decrying gays, Catholics, and Americans generally. Members of the church also posted an essay on the church's Web site called ‘The Burden of Marine Lance Cpl. Matthew A. Snyder.’ The essay contained numerous statements indicating that Snyder was a sinner and was going to hell.” Some of the signs read “Fag troops” and “Thank God for dead soldiers.”
Corporal Snyder’s father filed a civil suit, claiming defamation, intrusion upon seclusion, publicity given to private life, intentional infliction of emotional distress, and civil conspiracy. The jury agreed and awarded the family a $5 million award. This past September, The United States Court of Appeals for the Fourth Circuit reversed the decision. As written by Judge King, the protestors are protected by the First Amendment right to free speech.
Several states do have laws severely limiting or banning protests at funerals. I am wondering, however, if this ruling is placed before the United States Supreme Court, would these laws either be upheld or possibly dismantled? The question is: Should the right to protest at funerals be protected by the free speech clause of the First Amendment of the US Constitution?
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