Editor's Note

Are Protests at Military Funerals Protected Free Speech?

October 12, 2010 RSS Feed Print

Does freedom of speech mean you have the right to humiliate parents at the funeral of their son? That’s essentially what the U.S. Supreme Court was asked to decide in its opening week. The case of Snyder v. Phelps is one of those icky sets of facts, like Nazi protests and porn purveyors, that force you to think very hard about the line between the rights of society and the individual. Members of an odd Kansas church have long been appearing at the burials of soldiers with insulting signs claiming the deaths were God’s punishment for America’s sins.

[Read the U.S. News debate over whether these protests are protected free speech.]

Can they be sued for the emotional distress they cause? Or would stopping them ultimately squelch other kinds of political debate? I’d like to hear your views—post your thoughts below and share them with our readers.

Tags:
freedom of speech,
funerals,
Supreme Court

Reader Comments Read all comments (3)

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You know, when you look at the issue initially you have to say that yes this legitimate speech, but then I looked at the "fire" exception. Why can't you falsely claim fire in a theater? Because it leads to many deaths and injuries. In another words it is a public welfare issue.

Lets look at this issue from a public welfare issue. A family is burying a loved one at a private ceremony at a cemetery; or at a funeral ceremony at a church or funeral home. These are not public ceremonies per se, they are inherently private ceremonies. They are designed for families and friends to mourn their dead. As such, when protesters show up they are violating a private performance. Thus, the venue is not a public place and free speech rights do not come into play. This is true for all funerals, even those of serial killers!

Hugh Haynsworth IV of SC 9:15AM October 19, 2010

The right of free speech has been debated for awhile. Not being an attorney and using my definition of free speech, yes these protestors do have the right of freedom of speech as in their case they are expressing their opinion. I also note that they are using generic terminology and not attacking a specific person. But I disagree with their methods due to the lack of respect being shown to not just a fallen soldier but to a human being that has left this world of the living and is being laid to rest. I find them to be totally hypocrital especially when they call themselves Christians. Instead of protesting they should be praying for the person. If you are such a Christian, then why don't they imitate the Saviour that they espouse to follow? I believe that the Founding Fathers put in the right to free speech to allow citizens to be able to express their opinions without fear but I also feel that they assumed that a person would express civility and respect when doing do and not engaging in the hurting and near slanderous expression that these folks engage in.

T. Harris of AR 10:12AM October 15, 2010

Unfortunately, yes.

However, I believe it is possible to litigate using libel or slander law. Any slanderous comments or libelous signs could be grounds for a tort action - depending upon the circumstances.

This is not a wholly satisfactory solution, but a few large judgments may serve to dampen the unbridled, insulting protesters who act irresponsibly.

Another possibility is to strictly enforce and expand current law regarding public profanity and threatening speech.

R.L. Schaefer of CA 1:17PM October 12, 2010

Editor's Note

Brian Kelly was named editor of U.S.News & World Report in April 2007, nine years after joining the magazine. With more than 30 years of journalism experience, including covering Capitol Hill, politics, and the presidency both as a beat reporter and as an editor, Kelly is one of the nation’s most experienced magazine editors in steering national and international news content.

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