First Amendment challenges for Westboro Baptist Church

The First Amendment challenges" href="http://personalmoneystore.com/moneyblog/2010/03/31/westboro-baptist-church-first-amendment">Westboro Baptist Church. Known for being an extreme church that will protest at funerals, colleges, and public buildings.

The Supreme Court will be listening to a court case brought by Albert Snyder, the father of a U.S. Marine. In the first hearing of the case, Albert Snyder had been awarded an $ 8 million judgment, an amount Westboro couldn’t pay even with the cheapest personal loans. The main constitutional question is if the extreme hate speech practiced by Westboro Baptist Church is guarded by the First Amendment.

What is the Westboro Baptist Church

The Westboro Baptist Church has been in existence since 1955. Though Westboro Baptist Church claims affiliation with Primitive Baptists, most Primitive Baptists refuse the WBC. Based in Topeka, the Westboro Baptist Church protests funerals, gay pride events, pop concerts, football games, and statehouses. By protesting, the Westboro Baptist Church hopes to spread their anti-homosexuality, anti-Jewish, anti-religious message. The leaders and members of the Westboro Baptist Church are specifically banned from entering the U.K. for their “unacceptable behavior by inciting hatred”.

Legal challenges of Westboro Baptist Church

Westboro Baptist Church and its members have encountered numerous legal challenges. Free-speech lawsuits filed by Westboro are heard in many cities and states. Members of Westboro are arrested and convicted of many things during protests – trespassing, disorderly conduct, failure to obey police and contributing to the delinquency of a minor. The Supreme Court has previously rejected cases challenging Westboro Baptist Church, allowing lower court rulings to stand.

Albert Snyder sues Westboro Baptist Church

Albert Snyder sued Westboro Baptist Church in 2006, claiming the church demonstrating at his son’s funeral was not protected. The lawsuit alleges defamation and a violation of right to privacy. In its first hearing, the lawsuit was judged in Snyder’s favor, and he was granted $ 8 million. On appeal, the district judge upheld the ruling against Westboro Baptist Church, but reduced the payday cash advances award for Snyder to $ 2.1 million. Westboro had the judgment overturned on federal appeal, and Albert Snyder was required to pay the legal fees of the case. In March, the U.S. Supreme Court agreed to hear Albert Snyder’s case against Westboro.

Limitations on constitutional free speech

More or less, the Westboro Baptist Church lawsuit comes down to the question of protected free speech. ”Obscene utterances” and “certain personal slurs” cannot be protected by the First Amendment, according to Chaplinsky v. New Hampshire. The lawsuit also considers the possibility the free speech expression of the Westboro Baptist Church may have violated the Snyder family’s constitutionally protected right to freedom of religion – to hold and attend their son’s funeral. The Supreme Court may have to choose which First Amendment right comes first.