I consider myself more or less a First Amendment absolutist. The State cannot limit what I can say. Period.

But. Yeah. I have exceptions.

The Westboro freaks can go fuck themselves.

Actually, my position isn't that inconsistent.  The State cannot stop me from saying what I want.  But that doesn't mean that I can say anything I want with no consequences.  Of *course* those utter fucktards (apologies to the fucking retarded for the comparison) intended to cause emotional distress.  That's the entire point of their acting up.  That they are being held liable for that speech is in no way a state action limiting their speech.  This is a private cause of action being brought by a private person for indignities directed to his family specifically.  This is distinguishable from, say, the Code Pink rally puppetheads because those protests are directed towards either a.  some entity such as the US or b.  a political figure.  The protests aren't against Cheney in his individual capacity but against Cheney as VP and as representative of US policy.

The Westboro "protests" are directed at the most solemn occasions of private families.  Being a soldier should not place one into the same position as a politician.  The soldier enforces state policy.  The soldier does not create that policy.  If Westboro wants to speak, it should be prepared to pay the price.

So.  Were I on the Court the opinion would be consist of the following "The Court hereby reverses and reinstates the award to plaintiff.  The Westboro defendants, individually and in their association, can DIAF."

Posted by: alexthechick at 08:28 PM | Comments (6) | Add Comment
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