Westboro Baptist Church – freedom of speech taken too far?
January 30th, 2008Several blogs have reported on plans by the Westboro Baptist Church(famous for GodHatesFags.com[1]) to picket the memorial service for Heath Ledger. They even produced a flier. I’m not sure whether the picket did go ahead, but the point is that they are protesting him for being a ‘fag enabler’ for his role in Brokeback Mountain.
For those who do not know the Westbo Baps, they are a bunch of lunatics from Topeka, Kansas. In the words of Wikipedia, they condemn lesbian, gay, bisexual, and transgender people (LGBT), Roman Catholics, Muslims and Jews, as well as populations it believes are supporting the forementioned groups, including Swedes, Canadians, Irish, British, and Americans.. It is their belief that all disasters/tragedies/problems in the world can be attributed to society’s condolence of homosexuality in that these are all results of God’s punishment for tolerating homosexuals. Their MO is to protest by means of picketing with slogans that are meant to shock and offend.

Hate

The family that hates together stays together

Hating for God out in the cold

Hating for God out in the rain
And so the Heath Ledger tie-in is obvious. He enabled fags(probably was one himself) and this here funeral sho’ will generate a mighty amount of media.
This is also not the first time that the Westbo’s have taken their unique form of Christianity to funerals. In 2006 they picketed the funeral of Matthew Snyder. The Snyder family sued for defamation, invasion of privacy, and intentional infliction of emotional distress. The defendants were eventually found guilty on the latter two charges and damages totalling some $10million awarded to the family. All ends well then, the balance of the universe restored and fag haters hated upon by the just and decent court, right? Well, not so fast there dude.
In his instructions to the jury U.S. District Judge Richard Bennett stated that the First Amendment protection of free speech has limits, including vulgar, offensive and shocking statements, and that the jury must decide “whether the defendant’s actions would be highly offensive to a reasonable person, whether they were extreme and outrageous and whether these actions were so offensive and shocking as to not be entitled to First Amendment protection”. [...] also [in another case - Chaplinsky v. New Hampshire - ] certain personal slurs and obscene utterances by an individual were found unworthy of First Amendment protection, due to the potential for violence resulting from their utterance.
Unworthy of First Amendment protection. The US generally holds the First Amendment to be the best thing since wooden false teeth and the crowning glory of their democracy. It doesn’t matter who you are or what you have to say, you’ll always have the First Amendment[2]. But lo! you don’t. If your statements are extreme and outrageous they might be deemed so offensive and shocking as to not be entitled to First Amendment protection. An obvious problem, then – what qualifies as extreme and outrageous? Well, it seems that a jury of your peers will decide. And their concept of extreme might include anything from statements of very strong blasphemy to aggressive racial hatred. And what qualifies as statements that have a potential for violence resulting from their utterance? But what is pertinent here is that this concept of extreme includes, in the case of the Snyder family, verbal attacks on people in a state of severe emotional distress.
This is an problem for anarchism – not that it cares about the US constitution or how it is interpreted by the US judiciary. Emma Goldman wrote Free speech, means either the unlimited right of expression, or nothing at all. The moment any man or set of men can limit speech, it is no longer free. It follows that she would have supported the Westboro crew’s right to spit their hate at the Snyder family and that if the cops were to attempt to prevent the Westboro picket she would be right there with the haters shouting down the cops. But is that fair and equal treatment for the family of the deceased? In my opinion there is an aspect to coercion here as well. The foundation of anarchism is the rejection of all authority and all coercion (whether physical, psychological or emotional). Is the Westboro picket coercive? Well, it’s not coercive in the sense that it does not try to force(coerce) the targets of the picket to do anything against their will[3]. But I do think that it is coercive in that it unduly crushes the spirit of another person, coerces them into despair.
So what would be the anarchist thing to do? Here’s my opinion (which I feel clunky about giving since I am only an observer in this situation and not committed to any action on it). Firstly, obviously, the Westboro Baptist church should have the right to picket and say whatever they want, no matter how hateful or personally and viciously hurtful it is. No-one has the right to prevent them from doing that[4]. Secondly, if the authorities were to try to shut down the picket I would have to side with the Westbo’s in keeping the picket going. But, most importantly, my sensibility would have to – must – picket in opposition to the Westbo’s and in compassion with the family. This is the key, my understanding of anarchism is that the Westboro church should be allowed to picket and shout whatever obscenities and accusations they want, but not without opposition. And that opposition should not be in the form of louder or more aggressive shouting back at the Westboro assholes but in the form of quiet and genuine support and respect for the Ledger family’s grief and their right to a dignified memorial and funeral.
[1] I was wondering whether I should link out to them – not that my one little inbound link would boost their google rank, but still. Yes, they are morons, but it would be unfair to not link to them when I always do link to the idiots in my other posts.
[2] And the second, the right to bear arms. There is no other commandment greater than these.
[3] other than to repent their perceived sins
[4] anything less and I wouldn’t be able to claim the right to busk outside my local church on a Sunday morning with an acoustic guitar singing Crass’s Asylum.




















