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Oh, great. Let's get the ACLU involved in a freedom of speech violation! And, yes, this would be an excellent case for the ACLU who may jump in here as it did for the KKK when it was denied a right to assemble and march in a predominantly Jewish neighborhood a few years back! Remember, our constitution remains viable for
all of us where no government action (including state laws) infringes upon speech no matter how vitriolic and hateful the speech may seem or who may spew it! PERIOD.
The first amendment's freedom of speech is express in our constitution. It is a very broad protection. Only in narrow circumstances do other constitutional rights override free speech; e.g., when the speech would imminently incite persons to cause bodily harm or when it is defamation. Phelps is incorporated in the (?)State of Kansas as a non-profit religious entity who couches behind biblical (religious) phrases and context; in other words, Phelps is raising his religious freedom plus freedom of speech, combined.
This is America where we have a constitutional amendment that protects individuals, including Fred Phelps and his children (the Westboro Baptist Church). This is
not Germany, nor the U.K., nor Canada, where hate speech is illegal as well as each government decides what speech is hateful or not and whom to target.
The bottom line here is that Fred Phelps (the Westboro Baptist Church) earns his income -- makes money from -- this protesting as well as from litigation from his protesting and the rancor that it causes! Phelps may legally push it as proselytizing and evangelizing his religion. However, the more folks bring him into courts, the more publicity he receives, the more money he makes. Litigation such as this is what Phelps wants and seeks. His legal fees are free to him because most of his offspring are lawyers. In short, Fred LOVES lawsuits!
Fred "the Westboro Baptist Church" Phelps and his spawn
spewing their typical vitriol at a funeral, e.g., military funerals.______________________________________
edited to add: BTW, ever think that these politicians who sponsor these state laws are doing so to get publicity and votes and campaign funding for themselves? They have lawyers on their state payroll to legally analyze what's constitutional or not. And, yet here's two states "willing" to go for it. Will they be getting the military vote?
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