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This morning, the U.S. Supreme Court upheld free speech rights in a case that could have had significant negative repercussions for those who seek to express unpopular views. The Court’s ruling is in keeping with the position that Liberty Counsel advocated in the Amicus Brief it filed in the matter. In Snyder v. Phelps, Albert Snyder filed suit seeking monetary damages from the Fred Phelps family and the Westboro Baptist Church for protesting at the funeral of his son, a fallen war hero. Snyder did not actually see the protest prior to the funeral, as the protesters were more than 1,000 feet from the location, but was later told about it.

Writing for the majority, Chief Justice John Roberts said, "Given that Westboro's speech was at a public place on a matter of public concern, that speech is entitled to 'special protection' under the First Amendment. Such speech cannot be restricted simply because it is upsetting or arouses contempt."

Phelps and his family have been protesting for years and, in fact, protested the funeral of the late Dr. Jerry Falwell. Although we expressly condemn the offensive tactics employed by the Phelpses and deplore the content of their rhetoric, we filed an Amicus Brief in support of the First Amendment freedoms of all Americans that could be affected by the outcome of this case.

The First Amendment does not grant to anyone a veto right over another person’s speech, simply because it might be offensive. Free speech needs breathing room. It is better to tolerate a person’s offensive speech than be silenced by the force of law.

Read our News Release for more details.

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