Supreme Court weighs funeral protests, free speech

The Supreme Court struggled Wednesday with the question of whether the Constitution's guarantee of free speech can be restricted when a protest is aimed at a private family at its moment of most intense grief.

The court was considering the case of the Westboro Baptist Church of Kansas, whose anti-gay protests have targeted the funerals of fallen soldiers from the wars in Iraq and Afghanistan. Composed almost entirely of the family members of its founder, the Rev. Fred W. Phelps, the church contends the deaths are God's revenge for the country's tolerance of homosexuality.

"We're talking about a funeral," said lawyer Sean E. Summers, who is representing Albert Snyder, whose 20-year-old son Matthew's funeral was picketed by the group in 2006. "If context is ever going to matter" in deciding when First Amendment rights may be curtailed, Snyder said, this had to be it.

But Margie J. Phelps, a daughter of the church founder who argued the case for her family, said her "little church" is protected in preaching its profound belief: "If you want them to stop dying, stop sinning."

Albert Snyder sued Phelps, arguing that the demonstration at his son's funeral invaded his privacy, caused emotional distress, and violated his rights to free exercise of religion and peaceful assembly.

A jury awarded Snyder more than $10 million, which was cut in half by the judge and then overturned by the U.S. Court of Appeals for the 4th Circuit.

Members of the Westboro Baptist Church had threatened a protest demonstration at the June 11 funeral of 1st Lt. Joseph Theinert, a Shelter Island soldier killed in Afghanistan. Protesters never arrived. The day before Theinert's funeral, the Suffolk legislature rushed through an ordinance banning protests less than 150 feet from a funeral service or 300 feet from a cemetery from one hour before a services to one hour after.