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Some Free Speech is Tough to Swallow

Washington (CNN) — A Kansas church known for its angry, anti-gay protests at funerals of U.S. troops won an appeal Wednesday at the Supreme Court in a case testing the competing constitutional rights of free speech and privacy.

In an 8-1 ruling, the justices said that members of Westboro Baptist Church had a right to promote what they call a broad-based message on public matters such as wars. The father of a fallen Marine had sued the small church, saying those protests amounted to targeted harassment and an intentional infliction of emotional distress.

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker,” Chief Justice John Roberts wrote for the majority.

At issue was a delicate test between the privacy rights of grieving families and the free speech rights of demonstrators, however disturbing and provocative their message. Several states have attempted to impose specific limits on when and where the church members can protest.

The church, led by pastor Fred Phelps, believes God is punishing the United States for “the sin of homosexuality” through events including soldiers’ deaths. Members have traveled the country shouting at grieving families at funerals and displaying such signs as “Thank God for dead soldiers,” “God blew up the troops” and “AIDS cures fags.”

REad full story here http://www.cnn.com/2011/US/03/02/scotus.westboro.church/index.html?hpt=C1

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