Issue date: 11/14/07 Section: Opinion

Choquette Marrow

The First Amendment guarantees freedom of religion, speech, press, assembly and petition. It doesn't exist to protect that which we agree with; it exists to protect that which we do not.

The Westboro Baptist Church believes all the tragedies that plague America, including the Iraq War, are the result of American tolerance of homosexuality. Though their message is offensive to nearly everyone, it is their right to preach and spread that message.

WBC and its leader Rev. Fred Phelps, have been in the hate-mongering business since 1955. Using the right to freedom of religion, speech and assembly, members began picketing funerals of homosexuals and AIDS victims in the '90s. It wasn't until they began picketing Iraq War veteran funerals did the public actively attempt to stop the group from demonstrating its message at funerals. Since the veteran funeral picketing began, numerous states have passed or are reviewing bills that place restrictions on demonstrations near funerals, including those on public sidewalks and roads.

However vile the message, it is protected. Legislation restricting demonstration areas is well intentioned and would be widely accepted, but it's unconstitutional.

The WBC has a legal right to spread its message, even at the most uncouth time, as long as members do not incite violence. Courts across the nation are slowly repealing restriction laws for funerals on the principle that they are unconstitutional. The laws are too vague, but if too specific, they would be directly discriminating the WBC.

On godhatesamerica.com, one of the church's websites, it posted "Thank God for 10.9 million" and also reveled in having the church's message spread "to every corner of the earth" for free.

The ruling, aside from being ineffective, also violates the congregation's First Amendment rights. It should be overturned and probably will. The First Amendment should never be compromised, even at a time like now when the intentions of legislators and jury could not be more widely sympathized with.

Phelps is a lawyer and has extensive experience with civil rights. He was disbarred in 1979 from practicing law in Kansas, and in 1989 after numerous complaints, promised to stop practicing law at the federal level. Even without Phelps, WBC still has plenty of legal power behind it. Eleven of Phelps' 13 children are lawyers. This congregation knows its rights. There is little room for legislators to fight members of this group without infringing on First Amendment rights. There are opportunities to fight them in the courts, but nearly impossible to stop those even with a constitutional win. Though their actions offend nearly everyone, the scorn and opposition they receive only fuels their crusade.

History has taught us something about a group who espouses hateful messages and time is our best weapon against those messages. The best way to fight hateful language and actions is not to chip away at the First Amendment, but to not give it a platform. Ignore it. What Phelps wants more than to attract believers is to simply attract attention. And that is exactly what he gets with court rulings, legislation and media coverage. First Amendment rights are not worth sacrificing, even a little, so we don't have to tolerate a man and his followers' intolerable message.

Choquette Marrow can be reached at cmarrow@statehornet.com.

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