The duty to defend the people we hate
March 26th, 2008, 7:39 am · Post a Comment · posted by fsherman
Westboro Baptist Church is so tasteless, even Jerry Falwell said their practice of picketing at gay funerals (to the effect the deceased was now burning in Hell and deserved it) was offensive.
Since they began picketing military funerals as well, they’ve gone even further over the cliff: Their protests now run on the theme that God sends IEDs and terrorists to kill our soldiers because America is too gay-tolerant and so we must be punished!!
Unsurprisingly, this has produced assorted state legislation and some proposed federal bills to ban protests at funerals. Happy as I’d be if Westboro and it’s leader, Fred Phelps, vanished into oblivion tomorrow, I still feel the need to support their right to (disgusting) free speech.
The argument from supporters of the bills is that this isn’t about regulating the content of Westboro’s speech, but the time, place and manner. Critics of the legislation say it is indeed about content: Would anyone really shut down a dignified, pro-military protest (”Support our troops! Our soldiers are heroes! Antiwar protestors should shut up!”) using this law, or people silently holding up positive signs rather than ones condemning the deceased?
Other critics concede the need and right of families to have space to grieve, but argue they can do that on private property, such as at the funeral home, or at their church. Silencing protesters on public streets and sidewalks or a public cemetery is too big an infringement on free speech.
And once we start, how many other First Amendment exemptions will be carved out? Westboro has announced plans to picket outside hospitals holding wounded veterans: Will that be next? How about on the street outside veterans events, or physical rehab centers where maimed veterans are restoring themselves?
There’s very little merit to anything Westboro has said, but loathsome as I find them, I still think they have the right to say it. Even at a funeral.
