LongBeachReport.com | LBReport.com | U.S. Supreme Court Upholds 1st Amendment Right of Westboro Baptist Church To Hold <nobr>Anti-Homosexual</nobr> Demonstrations Outside Military Funerals

(March 2, 2011, 9:15 a.m.) -- The U.S. Supreme Court has ruled that the Westboro Baptist Church -- the Kansas-based group that brought its anti-homosexual message to Long Beach in February 2010, drawing large groups of counter-protesters (photos below)-- has a 1st Amendment right to hold anti-homosexual demonstrations at U.S. military funerals to spread its messge that God hates America and those who tolerate homosexuality.

The Supreme Court ruled 8-1 (Alito dissenting) in favor of the church in a lawsuit brought by the father of a Marine killed in action in Iraq. The court's ruling upholds a federal appeals court which also ruled in favor of the church in overturning a district (trial court) ruling that awarded sizable damages to the plaintiff/father of the deceased Marine.

To view the U.S. Supreme Court opinion in full, click here

In 2010, members of the Westboro Baptist Church held demonstrations at a number of Long Beach venues. Further below.

Photo credit: Jeanine Birong

Councilwoman Gerrie Schipske with Chief of Staff Josh Butler (2nd and 3rd from left in photo) at Ximeno/10th St., outside Wilson High School. Photo credit: Jeanine Birong

From U.S. Supreme Court opinion

[Court's summary] The First Amendment shields Westboro from tort liability for its picketing in this case...
The [First Amendment protection for what Westboro said] in the whole context of how and where it chose to say it, cannot be overcome by a jury finding that the picketing was "outrageous" for purposes of applying the state law tort of intentional infliction of emotional distress. That would pose too great a danger that the jury would punishWestboro for its views on matters of public concern...
...[The plaintiff] argues that he was a member of a captive audience at his son’s funeral, but the captive audience doctrine...should not be expanded to the circumstances here. Westboro stayed well away from the memorial service, [the plaintiff] could see no more than the tops of the picketers’ signs, and there is no indication that the picketing interfered with the funeral service itself... (d) Westboro addressed matters of public import on public property, in a peaceful manner, in full compliance with the guidance of local officials. It did not disrupt Mathew Snyder’s funeral, and its choice to picket at that time and place did not alter the nature of its speech. Because this Nation has chosen to protect even hurtful speech on public issues to ensure that public debate is not stifled, Westboro must be shielded from tort liability for its picketing in this case.
ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion.
JUSTICE ALITO, dissenting.
Our profound national commitment to free and opendebate is not a license for the vicious verbal assault that occurred in this case. Petitioner Albert Snyder is not a public figure. He is simply a parent whose son, Marine Lance Corporal Mat-thew Snyder, was killed in Iraq. Mr. Snyder wanted what is surely the right of any parent who experiences such an incalculable loss: to bury his son in peace. But respondents, members of the Westboro Baptist Church, deprived him of that elementary right.
They first issued a press release and thus turned Matthew’s funeral into a tumultuous media event. They then appeared at the church,approached as closely as they could without trespassing, and launched a malevolent verbal attack on Matthew and his family at a time of acute emotional vulnerability...The Court now holds that the First Amendment protected respondents’ right to brutalize Mr. Snyder. I cannot agree.

Further on Westboro Baptist Church in Long Beach, Feb. 2010

Members of the Westboro Baptist Church held demonstrations in Long Beach in Feb. 2010...and were outnumbered by counter-protesters, including at ELB's Wilson High School.

LBReport.com provided video coverage, click here and guest photos by independent photographer Jeanine Birong, click here.

A large crowd of counter-demonstrators (we roughly estimated over 1,000 but under 3,000) -- most of them students exiting Wilson High School at the end of the Friday school day -- outnumbered and drowned out the Westboro picketers. Many of the counter-demonstrating students carried hand-made signs.

Photo credit: Chris Brito

Before school let out, counter-demonstrators already occupied three of the former corners at the intersection of Ximeno and 10th St. with picketers relegated to the NW corner...and some counter-demonstrators occupying nearby sidewalk.

Photo credit: Chris Brito

Photo credit: Shelley Brice-Boyle

At 2:50 p.m., exiting students swelled the crowd, moving westward on 10th St. Counter-demonstrators carried signs ridiculing the picketers; a young man with a slide trombone offered buffoonish sounds...and at least twice, counter demonstrators chanted "go home, go home."

Among those in the crowd of counter-demonstrators: Councilmembers Tonia Reyes Uranga, Robert Garcia and LB School Board candidate Jeff Price.

Shortly after 3 p.m., a van drove up escorted by LBPD units; some Westboro picketers entered the van.

A Wilson High students expresses his views with a digital salute:

LBReport.com video screen save

The van drove off...and the counter-demonstrators cheered wildly.

By about 3:15 p.m., the crowd was dispersing.

LBPD says initial reports indicated no arrests.

Earlier in the afternoon, a smaller but equally contemptuous crowd of counter-demonstrators met the Westboro picketers at the Alpert Jewish Community Center. No arrests were reported at that site either.

Related LBReport.com coverage:

See Video of Westboro Baptist Church Recent Visit To Stanford University...And Community Response

Facebook Messages Fly In Response To "Westboro Baptist Church" Announced Intention To Picket/Demonstrate In LB Feb 19-21

Follow LBReport.com w/