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. westboro baptist church
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