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49 AGs File Brief Against Westboro


SEMPER FI FAGS WESTBORO X390 (GETTY) | ADVOCATE.COM

The attorneys general from Maine and Virginia declined to sign on to an amicus brief to the U.S. Supreme Court, filed by AGs from 48 states and the District of Columbia, condemning the Westboro Baptist Church's protest at a marine's funeral in 2006.

Albert Snyder, father of the late Lance Cpl. Matthew Snyder, is suing over protests the antigay church staged at his son's funeral, where its members proclaimed that war deaths are God's punishment for tolerance of gay people.

The brief was filed Tuesday, but missing was the backing of the attorneys general from Maine, Janet Mills, and Virginia, Kenneth Cuccinelli. The lawsuit has been filed against Fred Phelps, the notorious leader of the church.

Brian Gottstein, a spokesman for Cuccinelli, issued a statement explaining why Virginia did not join in the Snyder v. Phelps case. While the attorney general finds Phelps's actions "vile and despicable," Gottstein said in a statement, "the consequences of this case had to be looked at beyond what would happen just to Phelps and his followers."

This case could set a precedent that if protesters, "whether political, civil rights, pro-life, or environmental — said something that offended the object of the protest to the point where the person felt damaged, the protesters could be sued." He added that the state already has a statute to order a $2,500 fine those who willfully disrupt a funeral or memorial service to the point of preventing or interfering with the orderly conduct of the event.

"So long as the protesters stay within the letter of the law, the Constitution protects their right to express their views," Gottstein said. "In Virginia, if Phelps or others attempt this repugnant behavior cross the line and violate the law, the attorney general's office stands ready to provide any assistance to local prosecutors to vindicate the law."

Mills, Maine's attorney general, also released a statement, saying that she declined to join the amicus brief because her office shies away from taking sides in civil cases.  

"The utterances at issue in the Snyders’ claim for damages were offensive and outrageous," she said in the statement. "But the First Amendment does not allow us to distinguish between polite speech and hateful or outrageous speech."

Mills also made an argument similar Cuccinelli’s, saying that advancing this case could contribute to a slippery slope of carving away at the First Amendment. As with Virginia, Mills cites a state statute that was enacted to punish those who disturb the peace of funeral attendees.

"While some have questioned the patriotism of our office because we declined to join the amicus brief, just the opposite is true," Mills said. "Our families too have fought in battle. They fought for the constitutional rights of all our citizens, including Mr. Snyder and the Phelps [family]."

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Reader Comments
  • Name: SteveMD
    Date posted: 6/4/2010 2:00:11 AM
    Hometown: Baltimore

    Comment:

    I have a real solution for the Phelps cult Does anyone have a tree limb grinder we can borrow for a few days. And does anyone own a dog food factory. Although I'm concerned that feeding these worms to our 4 legged friends might make them sick.

  • Name: doug
    Date posted: 6/3/2010 7:18:56 PM
    Hometown: vb

    Comment:

    of course Va. didn't join this case- our AG is too busy suing Obama over healthcare and the Univ of Va. over climate change (he thinks it's a hoax)...HE'S MADE A NUMBER OF ANTI GAY Statements/proposals- I wouldn't be at all suprised to find out he donated money to Westboro.

  • Name: Carol
    Date posted: 6/3/2010 4:16:35 PM
    Hometown: Memphis

    Comment:

    @ArtNola, you wrote: "I can stand on the sidewalk in front of someone's house and say whatever I want because I am on public property." You are right to an extent. One can stand in a public place, but they can't say whatever they want. One can't libel or slander, they can't incite a riot, or sedation - so one really can't say whatever they want in a public place. Further, if one were on a public sidewalk, in front of someones house, saying whatever they want, they also can't say it too loud because one could be guilty of disturbing the peace.

  • Name: ArtNOLA
    Date posted: 6/3/2010 2:16:38 PM
    Hometown: New Orleans

    Comment:

    @Sean, I understand what you are saying, I would just like to know at what point freedom of speach crosses the line and becomes harassment. I can stand on the sidewalk in front of someone's house and say whatever I want because I am on public property. I am all for Freedom of Speach as long as it doesn't interfer with someone elses personal freedoms. And to the contrary, I would not want to see a conservative homophobes funeral picketed by anyone.

  • Name: Mark
    Date posted: 6/3/2010 11:16:49 AM
    Hometown: Sacramento

    Comment:

    What about the fact that the locations of where Westboro people picket adversely affect the rights of freedom of assembly (also a constitutional right) of the people who are there for the funeral and not to hear obscenities shouted about their departed loved ones. The rights of free speech of the protesters are not abridged when they are told they cannot protest in a specific space when there is no abridgment when they would protest in a different space. There is no censoring here, just a restriction on where the speech can occur. There are specific spaces set up at political conventions where people can protest and they get arrested if they try to do it somewhere else. Same kind of thing here; they can protest pretty much anywhere they want except close enough to the funeral where they can be seen or heard. What prevents them from protesting down the block?

  • Name: john in SF
    Date posted: 6/3/2010 8:29:10 AM
    Hometown: San Francisco

    Comment:

    Why doesn't anyone picket them. Let's get a group of people together and send them to their house and tell them that they are the ones going to hell. I wouldn't even let them take a shit in peace. Drill them.

  • Name: Kelly
    Date posted: 6/3/2010 7:33:49 AM
    Hometown: Iowa

    Comment:

    I agree with the A.G.s. What Revrend Phelps does is morally reprensable not only to myself but to our nation, our culture and our very humanity. But I would not for the life of me, allow anyone to chip away free speech. Not for this, not for anything. Freedom comes with a price. The price of free speech is free speech.

  • Name: Liam
    Date posted: 6/2/2010 11:34:41 PM
    Hometown: Portland

    Comment:

    Freedom of Speech is one thing but what the Westboro Church does is emotional and verbal assault and they have no business going to anyone's funeral and behaving like psychotic pigs. I think its only fair that if a member of the Phelps family dies, that thousands of drag queens and transvestites should show up with signs that read FUCK YOU ASSHOLE ROT IN HELL. Give them a taste of their own medicine.

  • Name: melvin
    Date posted: 6/2/2010 10:05:00 PM
    Hometown: South Dakota

    Comment:

    I am ambivalent about this. Yes, Phelps and his ilk should stick a sock in their mouths. Freedom of Speech is a stickler. If I were on the court I would say, fine, have your protest. But have it 2000 feet from the church and funeral motorcade. Yell and scream all you want. The do it for POTUS.

  • Name: Patricia
    Date posted: 6/2/2010 10:04:18 PM
    Hometown: Austin, TX

    Comment:

    Free Speech...hmmm. Well, it all depends. You can't slander anyone, is that a violation of free speech? It's illegal to yell 'Fire' in a movie theatre, is that a violation of the First Amendment? Would Hitler's rhetoric be allowed to pass today in the US? Sedition is illegal, is that a violation? Point is there is a point where Free Speech must be governed or all hell breaks loose. Do the Phelp's protests constitute a danger to good order and public safety, I dunno but I would lean to the 'yes' side on that. However, 48 AGs, Im sure Democrat and Republican, all feel that Phelp's kind of Speech should be censored. It's a miracle that people haven't been killed at these events yet, its only a matter of time.

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