Arizona Shooting Funeral Protest Strains the First Amendment

January 12, 2011 RSS Feed Print
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The tragic shootings in Tucson raise, yet again, a critical question in a country which cherishes the First Amendment: how much must we tolerate intolerance in the defense of free speech?

It’s not even about conservative rabble-rouser Glenn Beck, who commonly uses heated rhetoric (and some outright misstatements) to rally his supporters—and who is now piously attacking the left for purportedly using the shootings to taint the Tea Party movement. The sad truth is that while the shootings are a good argument for dialing down the rhetoric all around, the episode has also served to reinforce the anger and distrust among politically-opposed people. [Photo Gallery: Gabrielle Giffords Shooting in Arizona.]

But the worst offender—and toughest test of our commitment to free speech—is the attention-seeking (and attention-getting) Westboro Baptist Church, a wacky, anti-gay institution in Topeka, Kan. These are the people who have had the bad taste to picket the funerals of U.S. soldiers who died serving their country. Church members argue that God is punishing the military for tolerating homosexuality (a remarkable assertion since the protests occurred when the military’s official policy was to require gays and lesbians to keep their sexual orientation a secret).

But even the Westboro Baptist Church found a way to get to a new low when it announced it would picket the funeral of nine-year-old Christina Green, the third-grader killed in the Tucson rampage. On its website, pastor Fred Phelps stands before a sign, featuring a depiction of bloody bullet-holes, that said, "God Sent the Shooter." It makes the gun references during the 2010 mid-term election campaigns look positively tame and reasonable. [Take the poll: Is Political Rhetoric To Blame for Arizona Shooting?]

Arizona lawmakers quickly enacted a law prohibiting protests at or near funeral sites. That’s an unfortunate erosion of the First Amendment, but sadly, a necessary one, since we are apparently in an era where common decency needs to be legislated in select circumstances. And the Topeka Capital-Journal recently reported that Phelps’s crew won’t try to picket the funeral after all, since they have been promised air time on two radio stations (one in Topeka, the other in Canada) to discuss the church’s views. That deal will spare the grieving family from further pain. But how sad that a fringe group of professional harassers have been given yet another platform for their hate. [Read the U.S. News debate: Should military funeral protests be protected by the First Amendment?]

Tags:
freedom of speech,
2010 Congressional elections,
Glenn Beck,
Constitution,
gun control and gun rights,
national security terrorism and the military

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What does Glenn Beck have to do with your story? Amazingly, you found some way to include him. WBC has nothing to do with Beck, or even the left or right, and Beck has nothing to do with WBC. I see no point to that entire paragraph other than to bash Beck and somehow tie him to the fanatical WBC crazies.

Darcy of AR, you are 100% correct!

Skip of NE 9:18AM January 14, 2011

My Heart aches for these victims but also here are a few things to keep in mind regarding Westboro Baptist Church:

1) They are a self-sustaining cult. They are not proselytizing, nor are they seeking converts. They don't care if you ever come around to their way of thinking.

2) This is not political speech: It is a religious message, from their point of view. They are not seeking change in America. They are foretelling our doom, nothing more.

3) Their intent is to incite violence directed at themselves.

4) They publish their protest schedule and notify police in advance. If there are any incidents, they sue the local government for not adequately protecting their free speech rights.

This is Ironic since "God Hates The USA", which should logically include our Constitution - that they are using to enrich themselves by claiming rights and damages under.

Furthermore; Incidents of vandalism against their vehicles occur in a timely manner. For example, their tires always seem to get slashed around the time they are going bald. Whenever they have to rent costly vans, those vehicles seem to get their windows shattered (covered in the insurance). The criminal damage is then claimed under state crime victims programs, offsetting rental costs and then some.

Darcey of AR 5:18PM January 13, 2011

Citizens born in the United States are the target of elimination and are slowly being pushed out of the workforce. Illegal immigrants in the U.S earn an average income of $30,000 per yr with no papers, elementary diploma, high school diploma, or college degree. This is our land and civilization we were born here. A fact is illegal immigrants hate U.S citizens; many raise their kids to be lawbreakers, criminals and to support terrorism in the USA. This Dream Act is a breach of national security and must be stopped now. The people do not have to accept this treason or any new laws or legislation that supports foreigners before it’s own legal citizens. Organize & mobilize join us at http://usmoa.org/

Pushed By A Failing System of CA 10:04AM January 13, 2011

Susan Milligan

Susan Milligan

Susan Milligan is a political and foreign affairs writer and contributed to a biography of the late Sen. Edward M. Kennedy, "Last Lion: The Fall and Rise of Ted Kennedy." Follow her on Twitter @MilliganSusan.

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