Thursday, October 7, 2010

What are the limits of free speech?

Just yesterday the US Supreme Court heard arguments in the case against the Westboro Baptist Church of Topeka, Kansas. At issue is the question of whether church members (most of whom are relatives of Pastor Fred Phelps) would be allowed to demonstrate at military funerals. In their protests, WBC expresses a very extreme anti gay message--so extreme as to be shocking to virtually any American.

Members carry signs with hateful messages such as "God hate fags" and "Thank God for dead soldiers." Their thinking is that since the soldiers and marines being buried died defending the United States-which in their mind supports homosexuality because of the enactment of gay rights laws--God willed their deaths.

Wow. its hard to imagine a more twisted was of thinking. It may even top the Rev. Terry Jones in Florida who recently came within an inch of staging a mass Koran burning.

But a vital part of our constitutional foundation is the right to free speech as guaranteed by the first amendment. Rev. Phelps, whose daughter is the attorney arguing the case, believes his conduct is constitutionally protected. But is it?

At what point does "free" speech cross the line and become a psychological attack on someone by way of proximity?

The court's ruling isn't expected until next Spring. It will be greatly anticipated.