Wednesday, October 06, 2010
Tough First Amendment Case: Protest at Military Funeral
Very tough First Amendment case involving protest at a military funeral. However, IMHO, unless the protesters conduct is a breach of the peace or could incite violence, they are protected. Sometimes this is the kind of price we have to pay for living in a free society. Even the wacko groups get First Amendment protection, and this group is really way out there. LINK
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Freedom of speech doesn't include malicious harassment. The judge was derelict for throwing this civil case out. It's abusive indifference to the first amendment's intent. True the protesters actions weren't criminal. Just the same, I wouldn't blame dad if he claimed temporary insanity for assaulting involved church members. I'd allow this parent to walk because of the congregation's sinful and insensitive stupidity.
ReplyDelete44:
ReplyDeleteThanks for the comment. If the malicious harassment is criminal, it wouldn't be protected.
However, the caselaw clearly indicates that non-criminal speech, no matter how offensive, is protected (e.g. flag burning). I predict the wackos will win.
I suspect you're right. This case should never have made it to SCOTUS, which means the earlier appeal's court judge screwed up royally. I hope the whackos enjoy Hell.
ReplyDeleteApology for my last comment. These church members' deliberately ugly behavior hit a personal note.
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