OUR OPINION: Protests test boundaries of free speech

What are limits - if any - of free speech?

An initial reaction may be that First Amendment freedoms - including speech, religion and assembly - are absolute.

But are there applications of free speech that are so despicable, they cry out for restrictions?

If ever a test case existed, it may be the one now before the U.S. Supreme Court.

The high court judges on Wednesday heard arguments in the case of a slain Marine's father against a religious faction's members who demonstrated during his son's funeral.

The religious group - the Westboro Baptist Church in Topeka, Kan. - has gained notoriety for the practice of picketing during the funerals of slain veterans. Their message is the deaths of service members reflect God's punishment for our nation's tolerance of homosexuality.

News accounts of the courtroom arguments indicate the judges are sympathetic to pain inflicted on the grieving father, but reluctant to translate their sympathy into limits on free speech.

We expressed similar sentiments in this forum in August when we wrote: "Our reaction reflects the conflict between intellect and emotion. Although our head understands the legality (of free speech), our heart is heavy."

The mixed reactions to the issue are mirrored in the lawsuit's legal history. The Marine's father initially won an $11 million judgment against the church for intentional infliction of emotional distress.

The judge reduced the award to $5 million, but an appeals court later overturned the verdict entirely, ruling it violated the church's First Amendment rights.

The consensus is the Westboro Baptist Church protests are intentionally outrageous to generate maximum attention, which explains how the philosophy of a small group of Midwesterners has risen to national prominence.

We understand and appreciate the sympathy shown to the Marine's family by the Supreme Court judges. But the question before them must be: Do the outrageous, inflammatory ravings of a few misguided people deserve to become the catalyst for restricting a fundamental freedom?

A cruel irony is the freedom our military men and women fought and died to preserve now is being used against them.

But their service and legacy always will be stronger than any disparagement or protest directed at them. If we are to honor them appropriately, we also must be strong. We must be steadfast in preserving the First Amendment.

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