By Ambreen Ali
A case over privacy at military funerals could redefine activism.
Anti-gay activists argued before the Supreme Court today that they should be allowed to protest at military funerals.
The debate centered on whether the Westboro Baptist Church had a First Amendment right to hold signs such as God hates you and God hates dead soldiers outside the funeral of a deceased Marine.
Albert Snyder the soldiers father argued that the activists invaded his privacy during the 2006 protest in Maryland and intentionally inflicted emotional distress on him and his family.
Margie Phelps the daughter of Westboros pastor Fred Phelps and the lawyer for the church retorted that her group was exercising free speech on a matter of public debatethe Iraq war.
This is a case about exploiting a private familys grief Justice Ruth Bader Ginsberg said during Wednesdays arguments. Justice Anthony Kennedy boiled it down to a debate over harassing conduct versus public speech.
For activists the case could draw new lines on where protests are appropriate. Powerful groups back both positions.
The Westboro Baptist Church received support from groups such as the American Civil Liberties Union Reporters Committee for Freedom of the Press and Liberty Counsel that are concerned about upholding free speech.
The Snyder family presented briefs from American Legion Veterans of Foreign Wars the state of Kansaswhere the Westboro activists liveand 42 senators including the leaders of both parties.
The two sides faced sharp questions from the court Wednesday on whether activists making personal attacks near a private setting should have free-speech protections.
In the past the Supreme Court has upheld the privacy rights of individuals who are not public figures.
Phelps tried to make the case that Snyder became a public figure when he spoke to the media about his sons death but the justices pointed out that families regularly contact newspapers about obituaries for the deceased.
Justice Sonia Sotomayor said the question was at what point and how do we accept personal attacks as part of freedom of speech.
But the justices were equally tough on Snyders counsel questioning how he could claim damages considering that the protest was held 1000 feet away from the gravesite. Snyder and his family did not see the signs until they turned on the television later that day.
Justice Elena Kagan asked whether public speech if directed to a private figure should be treated differently under the law asking the plaintiff to point out a case with that precedent.
Sean Summers Snyders attorney said he could not cite such a Supreme Court ruling on that which involved a private figure.
I would hope that the First Amendment wasnt enacted to harass people at private funerals he added.
Outside the courtroom both camps claimed victory though the justices will probably not hand down a decision for months.
Theres no line that can be drawn here without shutting down speech Phelps told reporters.
A dozen members of her church stood close by holding signs that said God is your enemy and Fags doom nations.
Students from Maryland where Snyder was buried held a counter protest with signs that said Love and WBC Thanks for making acceptance tolerance and love look reasonable.
Josh Santangelo a counterprotester who is gay called the Westboro messages hateful and hurtful but said activists should be able to express their views as long as they do not invade someone elses privacy.
Snyder speaking softly to reporters in the background offered a retort.
The Phelps and the Westboro Baptist Churchs conduct was so extreme that it went beyond all possible boundaries of basic human decency he said. It could be regarded as utterly intolerable in a civilized nation.
