Someday we'll thank them

As most observers predicted, today the U.S. Supreme Court announced its ruling that the First Amendment to the Constitution protects the right of the Westboro Baptist Church to conduct their hateful protests at funerals of our nation's war dead. And in this citizen's opinion, the high court acted exactly as it should have.

Justice Samuel Alito was alone in dissent. In his minority opinion, he crystallizes all arguments against objectionable speech:

"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case."

That situational, emotional appeal is a poor constitutional case for "abridging the freedom of speech."

Chief Justice John Roberts wrote for the eight-judge majority. His opinion concludes,

"Westboro believes that America is morally flawed; many Americans might feel the same about Westboro. Westboro's funeral picketing is certainly hurtful and its contribution to public discourse may be negligible. But Westboro addressed matters of public import on public property, in a peaceful manner, in full compliance with the guidance of local officials. The speech was indeed planned to coincide with Matthew Snyder's funeral, but did not itself disrupt that funeral, and Westboro's choice to conduct its picketing at that time and place did not alter the nature of its speech.
"Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and -- as it did here -- inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course -- to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case."

As much as I loathe Westboro and all it represents, there may come a time when my speech -- or yours -- offends the sensibilities of a majority of Americans. On that day, we'll be grateful that this court, this time, stood for Liberty.