Friday, April 23, 2010

A Miscarriage of Justice

In 2006 members of the Westboro Baptist Church picketed the funeral of Marine Lance Corporal Matthew A. Snyder.



Armed with signs saying things like "God Hates Fags" they rubbed salt in the wounds of Snyder's grieving loved ones. The WBC says America is being punished for accepting gay people in the military and society at large.

Snyder's father sued and won an $11 million verdict when a jury ruled the WBC's speech was unworthy of protection under the First Amendment because it was so offensive and personal it was likely to incite violence.

Unfortunately for Snyder, it didn't end there. The WBC appealled and won. And to make matters worse, the appeals court ruled Snyder has to pay those hateful bastards who tarnished his son's funeral, $16,000 in legal fees.

Generous talk show host Bill O'Reilly has said he would foot the bill if Snyder loses again (he is planning to appeal to the Supreme Court).

But even worse, I think I may have to side with the WBC here. They did everything right procedurally (ie, they got the right permits, were positioned far enough away so as not to disrupt the funeral) and I don't want to censor distasteful speech, because the line is so blurry. And if you lose the case, it's standard procedure to be forced to pay the other party's legal fees.

But this one just doesn't feel right, even if it is right.

3 comments:

master bates said...

not a huge fan of o'reilly but that is a nice gesture on his part.

Reissberg said...

"if you lose the case, it's standard procedure to be forced to pay the other party's legal fees"?
You must have been absent the day they taught law in law school.

Paul said...

The site I read said legal fees are often awarded to the winning party to prevent frivolous lawsuits. Is this not correct?