Nine retired Air Force generals have filed a complaint seeking the disbarment of ten lawyers who are members of the Westboro Baptist Church in Topeka.
The group submitted nearly 900 documents associated with the complaint in hopes of proving lawyers tied to the church failed to maintain standards of professional conduct required to hold a law license. The group submitted the file and complaint to the Kansas Board for Discipline of Attorneys in an attempt to prove four broad violations by lawyers in the congregation that attracted attention by picketing funerals of soldiers and celebrities.
Shirley Phelps-Roper is among the lawyers named and calls the complaint another failed attempt to silence their message.
In a statement, the generals said the grievance has nothing to do with the lawyers' religious beliefs or First Amendment rights.
it was the right call-- revoking the church's status as a tax exempt institution is probably a more fruitful course of action. Actually, I'm surprised the ruling wasn't unanimous... I'll have to check out scalia's dissent.
It does not follow, however, that they may intentionally inflict severe emotional injury on private persons at a time of intense emotional sensitivity by launching vicious verbal attacks that make no contribution to public debate. To
protect against such injury, “most if not all jurisdictions” permit recovery in tort for the intentional infliction of emotional distress (or IIED). Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 53 (1988).
Though I find them utterly despicable, I'm not surprised; banning them would have set a definite slippery-slope precedent.
it was the right call-- revoking the church's status as a tax exempt institution is probably a more fruitful course of action. Actually, I'm surprised the ruling wasn't unanimous... I'll have to check out scalia's dissent.
^
Ideally, yes--but when you get down to it, this is really about protesting on public property in such a way that it pisses people off, assuming these guys never actually do it on private property.
Say the Court put the kibosh on WBC. One day the NAACP decides to protest at a Klansman's funeral; there's nothing to stop the courts from punishing the participants, however tasteless it was--it pissed a lot of people off. Then some NORML people decide to march in Salt Lake City, and get thrown in jail--it pissed a lot of people off. Then MADD gets thrown in jail for protesting at a drunk driver's funeral--it pissed a lot of people off. Actually, it would be worse than this, because people being people, would cherry-pick what to punish and what not to, muddying the waters further.
I hate these guys to no end, but it really is best not to go there.
What about making funerals essentially "private property" for the duration of the funeral? Surely we could pass a law making funerals a special case; I honestly do not see any good reason anyone should be picketing the posthumous ceremony of a human being's passing.
I agree with the Supreme Court's decision on this, but I think there are other legislative ways to prevent Westboro Baptist Church from picketing funerals. I don't see why funerals can't be made private ceremonies under law for as long as the ceremony actively occurs. Disrupting a funeral like that should be against the law. Does anyone see an issue with this?
funerals already are "private property" insofar as they occur in private cemeteries-- WBC posts up on the nearest available public space