In one sense, the US Supreme Court this week did exactly what the Westboro Baptist Church has never been able to — it drew a distinction between the value of a principle (free speech) and its members’ feelings about those associated with it (in this case, a few fanatics carrying signs that say “Thank God for Dead Soldiers”). As many proponents of the ruling have recognised, it’s possible to love the right and hate those who exercise it at the same time. It may be hard, but it’s possible.
Members of the Westboro Baptist Church, on the other hand, have long exhibited a particularly odd kind of confusion, conflating dead American soldiers (who are not gay) with America’s tolerance of homosexuality (which has even less to do with the wars those soldiers died in). As more forgiving Christians like to preach: “Hate the sin, not the sinner.” This is a distinction Westboro Baptist clearly does not make (leaving aside the question of whether homosexuality is even a sin at all).
What the Supreme Court decision says is that we cannot confuse principle with personal animosity, the very offense Rev Fred Phelps and his family commit each time they demonstrate their ethical opposition to homosexuality within eyesight of a private funeral.
“Speech is powerful,” the Court ruled. “It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”
In the reaction to the ruling, many Americans are having a hard time drawing this distinction, compartmentalising hatred for Westboro Baptist from support for the core American principle of free speech even for those with whom we disagree. The individuals in question are just so vile, their attacks so clearly choreographed to achieve maximum offence, prodding America’s rawest nerves at the intersection of deference to the armed forces and respect for the dead. And Westboro Baptist isn’t making it easy on those angered by the decision to see its larger wisdom. Since the ruling, church members have gloated that the court has only encouraged them to picket even more.
Hearing this — and the anguished reaction of Albert Snyder, father of the dead soldier in question — the two most prominent US veterans’ organisations, the Veterans of Foreign Wars and the American Legion, have denounced the decision. So has a seeming plurality of the thousands of message-board commenters on news sites covering the story.
But in a strong sign that much of the furor is really aimed at Westboro Baptist itself — and not at the concept that people whom we dislike have free-speech rights as well — even First Amendment hardliners have found themselves caught in a moment of hypocrisy this week.
Sarah Palin, who has evoked the right to free speech in defence of everything from Laura Schlessinger’s “n-word” rants to her own metaphorically violent political rhetoric, quickly came out railing against the decision.
“Common sense & decency absent as wacko ‘church’ allowed hate msgs spewed@ soldiers’ funerals but we can’t invoke God’s name in public square,” Palin tweeted.
Tom Brokaw, a veteran broadcast journalist who should know the value of free speech (two-dozen media organisations swallowed hard and filed amicus briefs on behalf of Westboro Baptist) called the ruling “outrageous.”
Prominent Fox News talk-show host Bill O’Reilly, who regularly champions the Tea Party war cry that the federal government better not tread on individual freedoms, opposed the decision as well.
“With the rise of the Internet, cowardly sociopaths are running wild with hateful invective, outrageous smears and bullying tactics that have caused some kids to commit suicide,” he said on his show. “The Supreme Court needs to wise up. It’s not just about free speech anymore. It’s about personal destruction.”
Conservatives like O’Reilly and Palin found themselves in the awkward position of bashing a decision written by the right’s favorite jurist, Chief Justice John Roberts — and in the equally awkward position of agreeing with Democratic Senate Majority Leader Harry Reid.
“I am very disappointed in today’s Supreme Court decision to allow hateful extremists to attempt to sully the memories of heroes who have fought and died to protect this country, and to heap more hurt on already grief-stricken families,” Reid said in a statement. “These families have only one chance to bury loved ones who made the ultimate sacrifice. They deserve the right to mourn without being subjected to the ugly signs and slurs of fanatics.
These are visceral reactions, not well thought-out ones, and they come more from a deep-rooted desire to protect mourning military families than a necessary calculation over how to maintain the First Amendment. As time passes and the visceral unease wanes, opponents of the decision may come to see that the Supreme Court in fact showed nuanced tolerance of the kind Westboro Baptist would never be capable.
