The constitution clearly states in the First Amendment that all American citizens have the right to free speech and to have peaceable assembly. People have called this freedom into question innumerable times. The government has created, changed, and ended laws pertaining to free speech. The main problem with this issue is the lack of consistency. Each law maker or judge has a different interpretation of what the constitution considers free speech.Recently, a religious group out of Kansas sparked a new fire in this debate. The Westboro Baptist Church, ran by Fred Phelps, protests at the funerals of AIDS victims, Matthew Shepard, and deceased soldiers. They yield signs that declare, "Thank God for Dead Soldiers," and "God Hates Fags." Understandably, the families of the soldiers and the American public are appalled by the messages and actions of this group. Several states have created new legislation that limit the time the protestors can assemble and the distance they can stand from the funeral or memorial service. According to an article from CNN, a father of a deceased soldier received a 10.9 million dollar lawsuit against the Westboro Baptist Church for emotional distress.
This lawsuit parallels another on protests at abortion clinics. An article found on firstamendmentcenter.org shows the contradictions in the results of the cases. Judge Daniel Middlebrooks ruled that the law which states that protesters had to assemble twenty-feet from abortion clinics is unconstitutional. This is an example of how each free speech case is decided by whatever the judge feels, and not by the constitution.Hurtful speech is still free speech. It is true that if someone continually emotionally abuses someone that person is committing a crime, but protests are not equal to this. Any group of people who have something to protest about should be able to do so, even if the speech is not accepted by the majority. The forefathers of this country wrote the constitution for each and every American. The lawmakers and judges of today should not override them and silence even the most ludicrous citizens. As Noam Chomsky once stated, “If we don't believe in freedom of expression for people we despise, we don't believe in it at all.”
The federal government should create the laws of free speech. The inconsistencies in each city, district, and state confuse the debate. The government should never be allowed to silence people, but there should be restrictions on distance from certain places. These private places include funerals, churches, hospitals, abortion clinics, and homes. The lawsuit against the Westboro Baptist Church is unconstitutional and ridiculous. It is time for the government to take control of this debate and constitutionally limit free speech.
information found: http://www.cnn.com/2007/US/law/10/31/funeral.protests.ap/index.html
