Defending the Right to Hate (Part 2)
Phelps and his flock first gained national notoriety when they began showing up at military funerals waving signs that read "God Hates Fags" and "America is Doomed." The basic sermon goes something like this: because America tolerates homosexuality, God is offended and is killing off the young men and women of our military as punishment for our sins.
Phelps preaches a radical, fire-and-brimstone message that twists scripture to suit his agenda. He viciously attacks the families of fallen soldiers and desecrates their memories when they are most vulnerable. And he makes no apologies for what he is doing.
In response to overwhelming public discontent for Phelps' tactics, 29 states and the U.S. Congress passed laws designed to prevent people like Phelps from disrupting military funerals. This past Memorial Day, President Bush signed into law the Respect for America's Fallen Heroes Act, prohibiting demonstrations within a certain distance of national cemeteries.
Private groups like the Patriot Guard Riders stage their own counter-protests to provide a buffer between Phelps and the soldiers' families. These groups generally keep their demonstrations low-key and just try to shield the grieving loved ones from the hate-filled rhetoric of the Westboro Baptist Church. The Patriot Guard has received overwhelming support and its 50,000-plus members travel the country to match Phelps protest for protest.
As I argued back in June, though, Phelps and other protestors are guaranteed the right to stage their rallies by the First Amendment to the U.S. Constitution: "Congress shall make no law…abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble…."
This is an emotional issue that equally inflames the passions of those disgusted by Phelps and those who recognize that, passion aside, laws limiting the rights of free speech and assembly must be challenged as unconstitutional. The American Civil Liberties Union has now entered the fight and is helping Phelps challenge some of the state laws. It is likely this battle will eventually make its way to the United States Supreme Court.
When all is said and done, there is a strong possibility that the laws enacted by the states and Congress in response to the Westboro Baptist Church will be thrown out as violations of the Constitution's Bill of Rights. If the laws are examined on the basis of the U.S. Constitution, and not on the basis of what justices believe to be right or wrong, then Phelps and his congregation will emerge victorious.
If it is the will of the people that certain types of speech be limited under specific circumstances, then a change to the Constitution is the appropriate course of action. While laws targeted at actions that most people find offensive seem like the sensible thing to do, such statutes violate the basic principles upon which this country was founded. Congress should draft a Constitutional amendment that the people of the various states can then accept or reject. Simply bypassing the Constitution as it is currently written is not an option.
As I said in my previous column on this subject, I find the actions of Phelps and the Westboro Baptist Church to be morally bankrupt, uncharacteristic of the Christian faith I was raised in, and in just plain bad taste.
But none of this changes the fact that protests at the funerals of our fallen heroes are based on sound legal principles supported by the First Amendment to the Constitution. Phelps' followers have the same rights to free speech and assembly at military funerals as the Patriot Guard Riders. And it is these rights that the men and women at the center of the controversy, our fallen heroes, died to protect.
Published by Greg Reeson
I am a Featured Writer for The New Media Journal and a The Veteran's Voice. I also regularly contribute to GOPUSA and The Land of the Free. View profile
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17 Comments
Post a CommentI just wanted to as a member of the patriot guard riders correct a few of the mistakes you have made in regards to our organization . We are Not Counter- Protesters who show up where Westboro is . We only attend the Funeral of A Fallen Hero when we are invited to do so by a member of that Fallen heroes Funeral .
We also attend when invited to do so the funerals of Veterans , LEO's , Fire fighters and EMTs as well as the deployment and welcome home ceremonies for Our Troops .
For more information please go to www.patriotguard.org TY Salute Angel vargesko aka Bikerangel3 PGR PA
I, too, have served my country and defended the rights FOR ALL PEOPLE to live their lives as they see fit. Though it pains me to know that such blatant disrespect has been rubbed in the faces of those who had the balls to wear a military uniform and serve honorably, it is their right to agree or disagree with anyone they choose to. Even the KKK has a right to rally and spread their message of hate. However, a person needs to know the difference between expressing free speech and breaking the law. It is a sad day in this country when a law has to be created that keeps people like the WBC from disrespecting the memories of a fallen soldier and the right for that soldier's family to mourn in peace. You would think that a level of humanity, personal responsibility and moral conduct will be enough to stop a person from over stepping boundaries, especially in a religous setting. The ACLU was initially created to defend the rights of the "little guy" who would other wise go voiceless but m
Stephanie, you don't need to defend your thoughts and beliefs; you're as much entitled to them as the "liberal extremists" and the "conservative extremists." I think that's what Capt Reeson is pointing out; we don't have the thought police in this country (yet). The ACLU represents one extreme and people like Jerry Fallwell represent the other extreme. They BOTH have a purpose in our society; we need the extremists as watch-dogs to make sure that, as a society, we don't lean too far in one direction. It's that "checks and balances" thing we all learned in social studies 101. I think that the truth lies somewhere in the middle of these extremes. ("What is truth? asked a Roman judge over 2000 years ago)If we lived in the Middle East, Capt Reeson would be minus his head tonight! I like it here in the US where I can be a fool or a wise person on MY terms.
I do not believe in killing babies. I have spent my life defending those weaker than I am. And I do not protect murderers from the rightful justice they deserve for their crimes. Quite frankly, you don't know what you are talking about, and I'm proud of my life and the stances that I've taken and will continue to take in favor of the great moral values of our country and heritage.
Forgot to say to Capt Reeson, you and I both know that a military member's job is to "support and defend the Constitution of the United States." ALL of it, not just the parts we agree with. Phelps and his ilk make me puke, but he has the absolute right to be a big-mouthed assh...Sir, you're not only defending the right to hate; you're defending the Constitution`just like I did.
Respectfully,
Major (ret) M. Kohut, USAF
Some of y'all are more extreme than the extremists! The ACLU does not support NAMBLA, Reverend. S.L., "Muslims" are not the enemy. Ever met any American-born Muslims? I sure have, even in OUR armed forces. Muslim terrorists (extremeists) are the enemy, not Muslims. American Timothy McVeigh was our enemy when he blew up the Murrah Building in Oklahoma City in 1995. Anyone, regardless of gender, who thinks that women are only good to cook and "pop out bablies" would have me immediately executed. My husband is a better cook than me and I have no children. Somebody kill me, please!
Ali, "restricting women to do nothing but cook and pop out babies," is still a Muslim value. RE: The recent bombing of schools in Afghanistan because they are teaching women.
One might beg to question; if there was a demonstration against ACLU, would ACLU defend it? and ya manda, the reason you're allowed to vote is because of Liberal values. (or one might correctly say, lack of values) Yup, restricting women to do nothing but cook and pop out babies was once a good ol' christian conservative value.
Excellent treaties, Greg. ACLU aside, it's good to see a member of our military that understands what he is really defending. We can't legislated decency and common curtsey.
And Manda, conservatives already are a minority. Virtually everything many take for granted--clean water, clean air, safe foods, product labeling, the weekend (courtesy of the labor movement), your right to vote as a woman, the GI Bill, Social Security etc--were all fought for and won by LIBERALS. Conservatives like you are the ones who fought against almost all these things. This is a country based on LIBERAL values.