Phelpses Prevail on Appeal

The Westborough Baptist Church prevailed when the 4th US Circuit Court reversed a judgement against them. This suit was a Free Speech suit that had very far reaching implications and was a case built on a slippery slope and could have had very impeding effects on free Speech. The Judgment of over $5 million dollars was also dismissed.

Let me first say that I think the Westborough Church's signs were not Free Speech but Stupid Speech. If the majority of the people reading or hearing what you say do not find it believable, it falls below what should be legally defended. But, because it is difficult to separate what is said from what should not be said, our first amendment right to Free Speech prevails. I think that the Phelpes and the Westborough Church are wrong but Just how wrong is debatable.

Let me also say that Albert Snyder, the father of the fallen Marine, was hurt by the things said. I wish that the memory of his son had not been included in the Church's actions. A part of me said, Yes, now Fred and Company will be limited by the court. The other side of me said, Oh Shit, the law of unintended consequences could make this good decision one that is so bad to us all that we will have our liberties harmed.

The Court wrote, " To paraphrase our distinguished colleague Judge Hall, who was defending the constitution, wrote we must sometimes share our foxholes with scoundrels of every sort, but to abandon the post because of the poor company is to sell Freedom cheaply".

I find it very interesting that in this time where a lot of the things we do are being taken over and controlled by the Executive and Legislative Branch, the Judicial Branch has taken a tough decision and let it fall on the side of the Constitution. Right or wrong, I hope our free speech rights will prevail and what I write will be allowed in spite of my personal biases. I don't know what I don't know, but that doesn't make what I do know wrong. Nor, should it preclude me from saying it!

MUD