As sorrowful family members mourned their tragic loss of their 9-year-old Christina Taylor Green, one of the many victims of the Tuscon shooting in January, members of the Westboro Baptist Church picketed the funeral only a few thousand feet away. Chanting and holding up signs saying, “You’re going to hell” at funerals, the group believes that the deaths of young children and deceased servicemen and women are God’s punishment for America’s leniency toward gays.
In a recent case, the Supreme Court affirmed the group’s actions, claiming it was well within the wide boundaries of the First Amendment and therefore is constitutional. Although the Westboro Baptist Church has the right to follow its belief, the way in which they advocated that belief should not be tolerated.
While the First Amendment grants an individual the right to freedom of speech, when this right infringes upon the rights of others, it is often restricted. If an individual were to cause false alarm by yelling, “fire!” in a public theatre, it is an example of where the public’s right to safety is far more important and justifiable than the individual’s right to free speech. The right to free speech should only protect those who do use that right in a harmless manner. This is simply one of many instances in which there are acceptable limitations to the First Amendment. Spreading one’s beliefs is acceptable, but harsh insults or lies are intolerable.
Similarly, the families’ right to properly bury their daughter trumps the church’s right to free speech. Although the protesters tried to maintain an appropriate distance away from the funerals, the violation should not be judged by how far away they are from the location, but by the disrespect shown toward the event and what it represents. Letting the church members picket funerals allows them to infringe upon the rights to privacy held by the families of those passing. Our country dignifies the idea of “freedom and equality for all,” yet it should be more attentive to how the abuse of the right to freedom of speech can damage others.
In addition, religions such as Christianity have established tenets aimed at spreading kindness. The Westboro Baptist Church has made it clear that it has no compassion and simply uses shock tactics to spread hate.
After marking its widely uncelebrated legal supremacy, the Westboro Baptist Church has set a precedent that will aid future First Amendment abusers. For example, because the U.S. had tolerated Westboro Baptist Church’s actions, future groups with strong opinions about controversial issues such as gay marriages or abortion. Free speech could slowly become ways to harm others without being punished for doing so.
Before the notion of using the First Amendment for immoral actions becomes commonplace, the U.S. must set standardized boundaries as to how far free speech may be stretched.
