mickeym: (misc_stabbitystabstab)
mickeym ([personal profile] mickeym) wrote2010-03-31 12:09 am
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I would say "I can't believe this", but unfortunately, I can

Dead Marine's father ordered to pay protesters' legal costs - The father of a Marine whose funeral was picketed by the Westboro Baptist Church says an order to pay the protesters' legal costs in a civil claim is nothing less than a "slap in the face."

Westboro Baptist Church, in case anyone needs a refresher, is Fred Phelps' church; the one that has a website "godhatesfags.com", and who picket military funerals, saying our men and women are being killed over there as punishment for allowing the sin of homosexuality.

The attorney for WBC is Phelps' daughter, and she had the balls to say that the money they receive from the ordered payment will go to fund further protests.

I very seldom use the word hate, but in this case? Oh, yes. I hate Fred Phelps and everyone who allies themselves with him.

[identity profile] rivers-bend.livejournal.com 2010-03-31 04:15 am (UTC)(link)
that makes me want to vomit. and possibly go on a killing-of-WBC-members spree.

[identity profile] mickeym.livejournal.com 2010-03-31 04:29 am (UTC)(link)
I concur with both of those. Shall we?

[identity profile] clumsygyrl.livejournal.com 2010-03-31 04:36 am (UTC)(link)
if there were ever a use of zeus' thunderbolt...

[identity profile] mickeym.livejournal.com 2010-03-31 04:56 am (UTC)(link)
A-yup.

Zeus' thunderbolt, and possibly some violence beforehand.

[identity profile] azephirin.livejournal.com 2010-03-31 05:18 am (UTC)(link)
This blows my mind—and also embarrasses me, since the 4th Circuit is my region's federal court of appeals. They're usually relatively sane; I can't believe they'd do something like that. (I've also read some 4th Circuit opinions about legal fees and court costs, and in many cases they reduced the fees based on hardship—for lawsuits far less valid than this one. I'd really like to know which judge issued that order, but unfortunately the document isn't on the Snyders' Web site [yet].)

I'm glad the Supreme Court is hearing the case. I hope they're able to come up with something that doesn't infringe on First Amendment rights but that allows these families to grieve in peace. (Also, a defeat in the Supreme Court would be a beautiful slap in the face to Phelps et al.)
ext_7625: (dark sky)

[identity profile] kaiz.livejournal.com 2010-03-31 05:57 am (UTC)(link)
Well, fortunately there is a sliver lining: No. 1 cable news host Bill O'Reilly said Tuesday that he will personally write a check to cover $16,500 in legal costs for the father of a fallen U.S. Marine who sued the members of a church who picketed his son's funeral (http://www.newsmax.com/InsideCover/oreilly-marine-funeral-protesters/2010/03/30/id/354287).

[identity profile] surevesta.livejournal.com 2010-03-31 07:24 am (UTC)(link)
I watched a documentary that dealt with homophobia or some such topic a year or so ago on netflix that had them on it. The way their children talk is so disturbing!

I wish I could say that I couldn't believe someone would do this... but I can believe it after what I saw. They disgust me... they've twisted things to the extent that even the devout Christians who object to homosexuality that I know are disgusted by them.

(When their church leader/head of the family Phelps dies people should picket *his* funeral. He's getting up in years, it shouldn't be that long, right?)
ext_8753: (Default)

[identity profile] vickita.livejournal.com 2010-03-31 01:03 pm (UTC)(link)
I... I feel the need... for a sledgehammer. I need to pound on something for a while.

*sigh*

[identity profile] geneli4.livejournal.com 2010-03-31 02:01 pm (UTC)(link)
phelps and his followers are fucking evil human beings.

[identity profile] elynross.livejournal.com 2010-03-31 03:53 pm (UTC)(link)
I agree that Phelps and the WBO are sickening, and do indescribably vile things.

But...I can't fault the court for finding in favor of Freedom of Speech, however vile, and those who know more than I do (http://giandujakiss.livejournal.com/1016372.html) indicate that it's standard at the level of federal appeals that the losing side pays the winner the costs. And given that, I can't fault the court for treating the participants in the case the same as any other participants.

I am having a bit of mental disruption at Billy O'Reilly paying the costs -- not because I think of him as someone who would support such awfulness, but just because I'm not used to being on the same side as he is. *g*

[identity profile] lunardreamed.livejournal.com 2010-04-01 06:11 am (UTC)(link)
We do already have limits on free speech. No one is saying that they can't say these vile things, but there is no reason for them to be able to accost these people at the funeral itself. You know people protest at graveyards and memorial sites; they are perfectly capable of getting the attention they want without intruding on the funeral itself. We have mandated distances for pro-life protests at clinics to protect the patients' emotionally and mentally. We have forced protesters to be a certain distance from the president, even so far so that he doesn't see or hear them. Surely, we can tell them the funeral service is off limits.

It is permissible for the court to determine that there is a less inappropriate way for them to have their speech. Just as the court can force the city to let the Neo-Nazis have a parade, but also allow the city to make them move it to an area that is not primarily Jewish, as the Nazis originally requested, because this was going from a claim for the right to free speech to a claim for the right to harass. I think there is a direct analogy there.

Yes, we must be careful in limiting freedom of speech. Any such attempt is to be viewed with suspicion, but we can find a balance. That's what courts and reasoning minds should be there for.

Now, I am a little thrown by the cost issue, but, while it may be standard to make the loser pay the court costs, it is not the rule and exceptions are made. It would be easy for the court to say that they thought that though their hands were tied as to the verdict, equity demanded that he not bear the burden of paying for the winner's costs. Courts can do pretty much whatever they want when it comes to equitable remedies. And they do. They love to make a statement when they are forced to make a ruling they are very averse to making and have been known to come up with all sorts of remedies that show how they really feel about things.

[identity profile] joans23.livejournal.com 2010-03-31 04:47 pm (UTC)(link)
WHAT. THE. FUCK.

I can scarsely believe what I'm reading.

Talk about reserving a special place in hell - they're definitely got that down.

[identity profile] kitanabychoice.livejournal.com 2010-03-31 07:01 pm (UTC)(link)
oh what the hell. how does picketing at someone's funeral not count as inflicting emotional distress? people are GRIEVING.

[identity profile] aislinn-tredor.livejournal.com 2010-03-31 11:09 pm (UTC)(link)
O_O

WHAT. THE. FUCK.

[identity profile] gillianinoz.livejournal.com 2010-04-01 01:10 am (UTC)(link)
I don't think there can be a limit on Free Speech but I don't agree that what they are doing is just free speech. Surely holding up a sign that says "Thank God for dead soldiers" must constitute some kind of a hate crime?

These are acts of terrorism as far as I'm concerned. Ambushing grieving people is sheer cowardice. God help them if I wad there, or it was my family member being buried. I would kick seven bells out of them and spit in their goddammed eyes.