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SHOULD FREE SPEECH be
protected even when the ideas
are offensive? The Supreme
Court ruled that the Westboro
Baptist Church had a right to
protest at military funerals,
even though many Americans
found their arguments and
approach deeply offensive.S
INCE 2005, MEMBERS OF THE WESTBORO BAPTIST CHURCH (WBC) have
protested at more than 400 funerals of members of the armed services who
were killed in Iraq and Afghanistan. However, these were not typical antiwar
protests. Instead, the protesters claimed that the troops’ deaths were God’s
punishment for “the homosexual lifestyle of soul-damning, nation-destroying fi lth.”^1
The church has drawn strong reactions and counterprotests for its members’
confrontational approach at military funerals, including the protesters’ use of signs
that say “God Hates Fags,” “Thank God for Dead Soldiers,” “God Killed Your Sons,”
and “God Hates America.” Critics, including many veterans groups and states’
attorneys general, argue that the protests should not be considered protected
speech under the First Amendment. While recognizing that the First Amendment
protects offensive speech, these critics argue that it does not allow “personal
attacks targeted at private individuals during a time of mourning.”^2 A group of
veterans called the Patriot Guard Riders have gathered at the funerals to serve as
a buffer for the grieving families by riding motorcycles along the funeral routes and
singing patriotic songs or revving their engines to drown out the hateful speech.
State legislatures and Congress have also attempted to limit the disruption
caused by the WBC protests. Forty-three states have passed laws limiting
protests at military funerals to a certain distance from the actual services.
In 2006 Congress passed the Respect for Fallen American Heroes Act, which
prohibits protests within 300 feet of a federal cemetery for one hour before or
after a funeral.