Kmar wrote:
Ty wrote:
dark110 wrote:
I do not agree with what you have to say, but I'll defend to the death your right to say it.
That quote is grossly abused.
Especially when people hide under the free speech umbrella in order to harass someone.
It seems like we were just talking about this,
Kmar wrote:
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There are limits set on free speech. You can have a restraining order placed on them. If their goal is to inflict emotional distress against someone who is grieving at a funeral you better believe that is harassment. In some instances verbal assault can land the attacker a charge of hate crime. The punishments associated with such a crime are serious. Personally, I will not defend anyone's right to verbally abuse someone who is in the weakest condition imaginable, at a funeral.
The Phelps church uses the deaths of soldiers to spread a message. The evidence shows that the Phelps church had no prior connection to the diseased. They have been known to use US military death, and in prior cases, the deaths of homosexuals, to bring attention to their message. The message that they attempt to spread, that god is punishing the United States for its tolerance of homosexuality, while being obscene to most, does constitute a topic of "public importance", the discussion of which cannot be halted under the first amendment. If we decide that conversation must be stifled just because we find the content obscene, then we must throw out the first amendment. Furthermore, the church carried out their protest in the manner ascribed by local law and ordinances. Westboro stayed well away from the memorial service, Snyder could see no more than the tops of the picketers' signs, and there is no indication that the picketing interfered with the funeral service itself.
from the SCOTUS opinnionTo succeed on a claim for intentional infliction of emotional distress in Maryland, a plaintiff must demonstrate that the defendant intentionally or recklessly engaged in extreme and outrageous conduct that caused the plaintiff to suffer severe emotional distress.
The First Amendment reflects