Re: Ping Jane

On Nov 1, 12:00 pm, "Francis A. Miniter" <mini...@xxxxxxxxxxxxxxx>
wrote:
Mary wrote:
On Nov 1, 2:32 am, Mike Burke <mbu...@xxxxxxxxxxx> wrote:

On Thu, 1 Nov 2007 01:48:07 -0500, "Don Harstad"

<dhars...@xxxxxxxxxxxxx> wrote:

"Mike Burke" <mbu...@xxxxxxxxxxx> wrote in message
news:qbpii31k5esq0snnksh7420gut3e41p0ge@xxxxxxxxxx

http://www.abc.net.au/news/stories/2007/11/01/2078940.htm?section=justin

This looks like one for the ACLU. As repulsive as this sort of
behaviour is, Isn't this sort of thing expressly protected under the
First Amendment?

Mique

Sorry to impinge on a ping for Jane, but I'll probably be asleep when she
answers. <grin>

So. Could be interesting since we seem to have what is, essentially, a
religious ceremony of burial being interfered with by a different religion
whose purpose is... well, not accepted ceremony.

Indeed. I imagine this one will be appealed all the way, or at least
as far as it's allowed to go.

Popcorn, anyone? :-)

What a situation. Unfortunately, I don't if Phelps and his little
crew of hatebags did anything illegal. Distasteful, disgusting,
inhumane, all sorts of descriptives apply. But illegal? Doesn't
sound like it. Where's John? Francis?

What do you legal beagles think?

Mary

ELF pretty much has it right. This is not a prior restraint situation, to begin
with. Still, speech can be protected post facto as well. One major case was
Sullivan vs. New York Times, where the Supreme Court protected the press when
they write about public figures, provided there is no malice intended. The
situation with private persons is different. Traditional libel laws apply and
the element of privacy becomes critical to the outcome.

Since this was one of many soldiers, not a public figure, privacy counts.
Protesting at his funeral that this is what happens when the military tolerates
gays carries the strong message that this person was gay and that he was
punished for being gay. That message was published to all attendees at the
funeral. So a slander claim could also have been filed.

As to the breach of privacy, a cemetery, unless it is a publicly owned one, is
not a public place. So, persons coming on the grounds for a protest, not an
intended use of the property, could be trespassers, which helps make a finding
of invasion of privacy easier. But also, there is an element of privacy to the
ritual itself, and that element has an indefinite circle of exclusion about it.
Personally, I would regard this as not the strongest ground, because of the
vagueness of it all, but in the circumstances, with the offensiveness of the
implications, I think many juries would have no problem overcoming the issue.

The intentional infliction of emotional distress claim is probably the easiest
of all. It is almost a prima facie case.

The only question I have is the amount of damages. If I were defense counsel I
would have immediately filed a Motion for Remittitur, which asks the judge to
rule that the damages are clearly in excess of the amount needed to compensate
the plaintiff and therefore to reduce them.

Francis A. Miniter- Hide quoted text -

- Show quoted text -

Several years ago, the members of this "church" -- nearly all
relatives of the pastor -- started showing up at burial ceremonies of
guys who had died in Iraq. They carry huge signs protesting mostly
the U.S. acceptance of homosexuality, or calling our servicepeople
nasty names. They do not necessarily call the deceased a homosexual,
but they hate him for "supporting homosexuality" on orders from the
U.S. government. The pastor, and several of his descendants, are
lawyers, with their own legal firm. They love to be kept from
picketing, as they can sue and win over that.
About the organization: http://en.wikipedia.org/wiki/Westboro_Baptist_Church
Its own website: http://www.godhatesfags.com/

A couple years ago, the Patriot Guard was formed. Bike riders,
mostly, from all over the country, answer families' requests to come
help; they position themselves between the bereaved family and the
Phelps crowd, blocking sight lines. When the Phelpses get noisy, the
Guards rev their engines.
About the Patriot Guard: http://en.wikipedia.org/wiki/Patriot_Guard_Riders
Its own website: http://www.patriotguard.org/

Cece

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