Funeral Protest Follow-Up
My latest FindLaw column analyzes the First Amendment issues presented by the verdict against the Westboro Baptist Church et al for their offensive display at the funeral of a marine killed in Iraq. As I note in the column, the size of the judgment may be reduced on appeal, but the finding of liability will probably hold up.
I received an email today from the editor of Prison News, who pointed me to an article on the Phelps family (the people that mostly comprise the Westboro Baptist Church). It seems that (for shame) many are lawyers and/or work in the Kansas penal system. Go figure. The article can be found here but you need to register and log in to read it. Here's my favorite bit:
I received an email today from the editor of Prison News, who pointed me to an article on the Phelps family (the people that mostly comprise the Westboro Baptist Church). It seems that (for shame) many are lawyers and/or work in the Kansas penal system. Go figure. The article can be found here but you need to register and log in to read it. Here's my favorite bit:
As one writer put it, the church members also rejoice in the 9/11 attacks, Hurricane Katrina, the tsunami that devastated Asia two years ago, and AIDS. They believe God hates Santa, Jews, Catholics, Muslims, soldiers, me, and if I had to guess, they probably believe that God hates you. Apparently Phelps and his followers believe they are the only people whom God doesn't hate.
Posted by Mike Dorf
4 Comments:
At 9:36 PM,
egarber said…
This post has been removed by the author.
At 9:40 PM,
egarber said…
You touch on the need to draw a line near the end of your piece, but what do you make of this hypothetical?
Suppose the church group made no physical appearance at all during the funeral. Instead, imagine that it went on a media blitz in the weeks ahead of the funeral -- buying ad space (for this exercise, pretend outlets would accept the purchase), bullying its way into newscasts, handing out pamphlets, etc. And suppose these media efforts singled the family out by name.
It's hard to say the family and mourners are held "captive" in the narrow sense under this scenario, but it's not hard to see that the family is nonetheless harmed.
Would such an effort be considered "negligence" under defamation law (assuming a lower standard for private persons)? Probably not, I'm thinking.
I suppose this would just be an example of how you have to take the good with the bad when it comes to free speech. Maybe the answer here wouldn't be a legal cure; maybe instead, the solution would be to counter crappy speech with strong speech -- i.e., the system is designed to let the people "fight it out" in the marketplace of ideas.
At 4:12 PM,
Michael C. Dorf said…
i think that in egarber's example there might well be an iied claim anyway. i do not read hustler v falwell to do away with all iied cases, just to say that it can't be used to circumvent the requirements of ny times v sullivan. emotional distress is usually inflicted via words.
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