thedrifter
10-31-07, 09:35 AM
Suit against funeral protesters goes to jury
By Alex Dominguez - The Associated Press
Posted : Tuesday Oct 30, 2007 19:00:34 EDT
BALTIMORE — Jurors began deliberating Tuesday whether members of a fundamentalist Kansas church should be held liable for picketing at a Marine’s funeral.
Albert Snyder, of York, Pa., is seeking unspecified monetary damages for invasion of privacy and intent to inflect emotional distress during the March 2006 burial of his son, Lance Cpl. Matthew Snyder, in Westminster.
Church members have picketed at funerals nationwide.
A number of states have passed laws regarding funeral protests, and Congress has passed a law prohibiting protests at military funerals at federal cemeteries, but the Maryland suit is believed to be the first filed by the family of a fallen serviceman.
Church members say they are following their religious beliefs by spreading the message that the deaths of soldiers are due to the nation’s tolerance of homosexuality and they are protected by the First Amendment, which guarantees freedom of speech and religion.
In an emotional summation that brought Snyder to tears at times, plaintiffs attorney Sean Summers asked jurors to use their common sense, saying his client has to live forever with the memory of protesters carrying signs reading “God hates fags,” and “Pope in hell” at the funeral.
“They are terrorizing people, and in particular they terrorized Mr. Snyder,” Summers said.
U.S. District Judge Richard Bennett instructed jurors to “use common sense, good judgment and life experience.”
The judge said the defendants have “the right to picket and publish their message,” but vulgar, offensive and shocking material is not entitled to absolute protection under the First Amendment.
The church members’ right to free speech must be weighed against the right of citizens to be free from intentional, reckless or extreme and outrageous conduct causing him or her severe emotional distress.
Defense attorney Jonathan Katz told jurors “it is not a matter if anyone agrees with them. These are their views.”
If the church members are not allowed to express their views, “where does it stop?”
Katz told jurors the First Amendment is “there to protect speech and pickets that people detest,” language that makes “you want to throw rocks at the picketers and smash their windows.”
The defense attorney noted the Pilgrims left England for religious freedom and his clients are like the first Puritans who settled in America.
“Who were the Puritans? Fundamental evangelicals. And who are the members of the Westboro Baptist Church? Fundamental evangelicals.”
Katz said the church members did not target Snyder, but use the funerals of soldiers to put a human face on their message. The plaintiffs also had not proven all of the elements needed to prove invasion of privacy or intentional infliction of emotional distress, Katz told the jury in his lengthy closing argument.
Summers repeatedly disputed the assertion that the Snyder was not targeted, showing jurors photos of protesters carrying signs at Snyder’s funeral that read “God Hates You,” and “Semper Fi Fag.”
Summers said the standards of a reasonable person, not the church members, are what should be considered.
“So the question becomes would a reasonable person think that sign was directed at Matt Snyder,” Summers said.
Ellie
By Alex Dominguez - The Associated Press
Posted : Tuesday Oct 30, 2007 19:00:34 EDT
BALTIMORE — Jurors began deliberating Tuesday whether members of a fundamentalist Kansas church should be held liable for picketing at a Marine’s funeral.
Albert Snyder, of York, Pa., is seeking unspecified monetary damages for invasion of privacy and intent to inflect emotional distress during the March 2006 burial of his son, Lance Cpl. Matthew Snyder, in Westminster.
Church members have picketed at funerals nationwide.
A number of states have passed laws regarding funeral protests, and Congress has passed a law prohibiting protests at military funerals at federal cemeteries, but the Maryland suit is believed to be the first filed by the family of a fallen serviceman.
Church members say they are following their religious beliefs by spreading the message that the deaths of soldiers are due to the nation’s tolerance of homosexuality and they are protected by the First Amendment, which guarantees freedom of speech and religion.
In an emotional summation that brought Snyder to tears at times, plaintiffs attorney Sean Summers asked jurors to use their common sense, saying his client has to live forever with the memory of protesters carrying signs reading “God hates fags,” and “Pope in hell” at the funeral.
“They are terrorizing people, and in particular they terrorized Mr. Snyder,” Summers said.
U.S. District Judge Richard Bennett instructed jurors to “use common sense, good judgment and life experience.”
The judge said the defendants have “the right to picket and publish their message,” but vulgar, offensive and shocking material is not entitled to absolute protection under the First Amendment.
The church members’ right to free speech must be weighed against the right of citizens to be free from intentional, reckless or extreme and outrageous conduct causing him or her severe emotional distress.
Defense attorney Jonathan Katz told jurors “it is not a matter if anyone agrees with them. These are their views.”
If the church members are not allowed to express their views, “where does it stop?”
Katz told jurors the First Amendment is “there to protect speech and pickets that people detest,” language that makes “you want to throw rocks at the picketers and smash their windows.”
The defense attorney noted the Pilgrims left England for religious freedom and his clients are like the first Puritans who settled in America.
“Who were the Puritans? Fundamental evangelicals. And who are the members of the Westboro Baptist Church? Fundamental evangelicals.”
Katz said the church members did not target Snyder, but use the funerals of soldiers to put a human face on their message. The plaintiffs also had not proven all of the elements needed to prove invasion of privacy or intentional infliction of emotional distress, Katz told the jury in his lengthy closing argument.
Summers repeatedly disputed the assertion that the Snyder was not targeted, showing jurors photos of protesters carrying signs at Snyder’s funeral that read “God Hates You,” and “Semper Fi Fag.”
Summers said the standards of a reasonable person, not the church members, are what should be considered.
“So the question becomes would a reasonable person think that sign was directed at Matt Snyder,” Summers said.
Ellie