Common Decency
posted at 1:10 am on April 14, 2010 by Doctor Zero
Marine Lance Corporal Matthew A. Snyder was twenty years old when he died in a non-combat vehicle accident in Iraq. Four years later, his father Albert has committed to a grueling battle on the front lines of free speech, where he mans the crumbling ramparts of common decency. The odds would seem to be stacked against Albert Snyder. Marines don’t pick easy battles, and neither do their fathers.
When Lance Corporal Snyder returned home, to pass through the arms of his family one last time before proceeding into the warm embrace of the Earth and the radiant hands of eternity, the atmosphere was fouled by the virulent hatred of the Westboro Baptist Church. (Writing their name always makes me feel I should offer an apology to Westboro, Baptists, and churches.) The Westboro cult believes that America deserves to suffer for its embrace of homosexuals. Actually, they’re convinced God hates the entire world, and probably the other planets of the inner Solar System as well. Just look at Venus, sinfully naked beneath hot clouds of sulfuric acid, strutting through her orbit like a wanton tramp, while Mars pouts and preens in a red cocktail dress. There used to be another planet after Mars, but God especially hated that one, and look what happened.
After America is done suffering for its embrace of gays, it will have to move right along to suffering for its embrace of Jews. With all that suffering on the agenda, the Westboro folks have no patience for those who dedicate their lives to defending this country. This leads them to stage noisy protests at the funerals of soldiers. According to the Associated Press, their contributions to Corporal Snyder’s service included signs reading “Thank God For Dead Soldiers,” “You’re Going to Hell,” and “Semper Fi Fags.” They pull this garbage at a lot of funerals… but this time, Corporal Snyder’s father stood up and pushed back.
Albert Snyder filed a lawsuit against Fred Phelps, alpha moron of the Westboro Baptist Church, charging the WBC with defamation, invasion of privacy, and intentional infliction of emotional distress. Snyder won his initial suit, but the decision was overturned by the 4th U.S. Circuit Court of Appeals, which took the unusual step of socking Mr. Snyder with over sixteen thousand dollars in court costs. The case is on its way to the Supreme Court. The American Legion, along with many individual donors, has stepped into help Snyder deal with these costs. To his great credit, talk-show host Bill O’Reilly has pledged to cover the entire sixteen thousand dollar tab from the 4th Circuit Court of Appeals. Mr. Snyder devotes his every free moment to preparing for his day in the Supreme Court.
I’m no lawyer, but I can see some formidable obstacles in Mr. Snyder’s path. Phelps and his Indefensible Mission Force were careful to obey the laws for public protest, and contacted the police in advance. The WBC wouldn’t be the first unsavory group to probe the outer limits of free-speech rights, and remind us that reprehensible speech must be protected, too. Legal sanctions against “unacceptable” speech could swiftly become an extreme snowboarding run down the slippery slope into tyranny. Three guesses who the current government would love to sanction for their “unacceptable” speech.
And yet… there is such a thing as common decency. There are quite a few things we would not allow the WBC to display on its placards, such as pornographic images. The reasoning behind those restrictions is the maintenance of a civil atmosphere. It’s not true that we would tolerate any speech that threatened such an atmosphere. We have no shortage of hate-speech laws in this country. The Snyder suit will task the Supreme Court with deciding where the line must be drawn, but there’s no question that a line does exist.
This isn’t a matter of defending Corporal Matthew Snyder’s honor. It is far beyond the reach of such creatures as inhabit the Westboro Baptist Church. This is about the dignity and peace of grieving families. They have a right to speak, too… expressing themselves through reverence for those who have passed on, and the quiet communion of shared memory. This is about all of us, and our refusal to abandon simple common sense to elaborate legal arguments, whose thousands of pages form a maze where our responsibilities as human beings can be forgotten.
Our honored tradition of civilian authority over the military means politics, including the degenerate variety practiced by the WBC, constantly intrude into every aspect of military life. We can at least go the extra mile to keep them from intruding into military death. I don’t think creeps with “God Hates Fags” signs should be within a square mile of anyone paying their last respects… but if we can’t bring ourselves to enforce such decency at all funerals, we should go the extra mile and do it for the troops. The nature of their sacrifice makes their caskets exceptionally attractive as political props. Our body politic should swear off that temptation, using tasers to help its more dimwitted extremities go cold turkey, if necessary.
I can’t begin to guess how the lawyers and judges will settle this case in the Supreme Court. I see Albert Snyder standing on the hallowed ground of his son’s final resting place, and it takes me less than a heartbeat to decide where I stand. His son demanded no guarantees of victory or survival before pledging his last full measure of devotion to us. I require none to pledge my last full measure of devotion to Lance Corporal Matthew A. Snyder and his family.
Cross-posted at www.doczero.org.









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Do any of the 9 of SCOTUS have any child serving in the US military ?
How many of the 9 rather align themselves with ACLU than to a common US citizen in uniform ?
Heres your answer right there…..sadly
macncheez on April 14, 2010 at 3:11 AM
Lance Corporal Snyder’s services were held at Arlington National Cemetery. This is a public place. That the WBC had to submit for an allowance to demonstrate implies that our wonderful bureaucracy could have been it’s normally inept self and taken 6 months to review the application thereby rendering peace to the memorial service for Lance Corporal Snyder and his loved ones. Or for that matter denied it.
I’m quite certain that they would have been fully prepared to deny an application from a not quite politically correct demographic. What gives?
Robert17 on April 14, 2010 at 7:30 AM
The members of Westboro Baptist Church give raving screwballs a bad name.
SagebrushPuppet on April 14, 2010 at 8:16 AM
Like its cousin common sense, common decency isn’t so common anymore.
Disturb the Universe on April 14, 2010 at 8:32 AM
Frankly, I’m not worried that the inbred Phelps clan is going to win its SCOTUS case and become “top of mind” in this society. After all, when you become “top of mind,” you get the extra scrutiny that comes with it.
Methinks we’re going to hear a lot about the true inbred nature of the Phelps clan in short order. Not to mention, just who exactly has the dreaded Gay in that family.
BradSchwartze on April 14, 2010 at 9:19 AM
As Ann Coulter said, don’t focus on the free speech aspects, even free speech has it’s limits, on what you can say when (yelling fire in the darkened theater, I was lighting a bomb in the bathroom – well unless you’re a muslim diplomat). Focus on the intentionally inflicting harm. Intentionally harming another with malice and forethought is always wrong.
odannyboy on April 14, 2010 at 9:37 AM
Another excellent column Dr. Z – Like everyone else, as soon as I spotted the title over on the side of the page I just had to read it before doing anything else.
More on the subject – one wonders if anybody protests WBC?
Do they have Sunday morning services? I’d be curious how they would react to crowds outside their property revving Harley’s or holding up signs expressing OUR free speech on what we think of those slugs.
(my sincerest apologies to slugs, I in no way meant to compare them to the denizens of WBC)
Chip on April 14, 2010 at 11:16 AM
Once again, amen, Doc Zero. Amen. Another great piece, another one that brought tears to my eyes.
I agree that this issue is difficult because of the slippery slope upon which the left would love to see the country with regard to free speech. But I believe there could be some sort of legislation passed which could make funerals or personal ceremonies such as wakes, etc., protected in some way. I know, this is very vague, but I believe you all know what I mean. After all, you don’t see protesters coming out during christenings, first communion ceremonies and the like. Of course I’m sure if there was a way to do such crazy things, there are idiots who would do so.
Death is a very private matter, no matter how important the deceased is. In the end, death and the solemn rites surround it are the business of those who mourn and no on else. Therefore, they should in some way be protected. I feel that were this issue one in which Phelps and his scummy supporters were behaving this way at purely lefty-related ceremonies, there would be no way they would continue, no matter how far they had to go against “free speech.”
I’m not wise enough to be able to put together a clear way these men and women’s families can be protected from this filthy gang of scumbags. But there has got to be something that can be done. I look forward to reading what you guys come up with.
Mad Mad Monica on April 14, 2010 at 11:53 AM
Some things just aren’t right, and no amount of ideological voodoo will make them so.
TheUnrepentantGeek on April 14, 2010 at 5:08 PM
Hopefully the judges will settle this case with the same level of devotion to the U.S. Constitution as Matthew A. Snyder had to the Marine Corp and the U.S.A.
MB4 on April 14, 2010 at 9:11 PM
It is much simpler than that. Someone had to grant them a permit to protest there. Chances are the family is local and, in the case of a small town, probably knows the clerk that issues the permits. WBC should start seeing their permits get denied or only granted miles away from the cemetery.
Kafir on April 14, 2010 at 9:13 PM
This is the kind of nonsense that drives me nuts about lawyers and what passes for our legal system.
The 1st Amendment was clearly never intended to protect a group of lunatics, shouting insults and other nonsense at people attending a funeral.
Meanwhile, other idiot judges and lawyers believe that the kind of speech the 1st Amendment was written to protect, political speech, can be banned because it makes incumbent politicians frightened that they might lose their phony baloney jobs.
Time was, when some idiot yelling insults at people attending a funeral would get the living crap kicked out of them and no one would give a damn.
Much more “civilized” now, aren’t we?
NoDonkey on April 14, 2010 at 9:22 PM
The Phelps family’s free speech rights to do not exempt them from civil liability for what they say.
OhioCoastie on April 14, 2010 at 9:41 PM
I recommend the documentary about Phelps’s “church”-Fall From Grace. In one instance, a bunch of bikers got together, backed up their bikes to Phelps’s family and roared their engines to drown them out.
karlant on April 14, 2010 at 9:51 PM
Thanks, Doc, for a clear and cogent message. Well said. I don’t know one thing about Matthew Snyder, other than the fact that he died (whether combat or not) as a soldier defending his country. That is all I need to know, and nothing else, not his religion, or sex, or sexual preference, or eye or skin color matters. May God rest his soul, and give comfort to his family. And may He strike dead, in a horrible way, those that take glee in the death of a patriot.
lionheart on April 14, 2010 at 9:53 PM
The word everyone here is searching for to describe this cult is “liberal.”
How many gay bath houses are there? And these raving moonbats decide to target the U.S. military as the Source Of All Evil In The World?
These guys are Brownshirts. Hardcore Communists each and every one.
THEY have the right to proudly proclaim themselves as “retards.” We don’t get to join them.
Don’t help them slander heterosexuals. Don’t help them slander Westboro. Don’t help them slander Baptists. And don’t help them slander Churches.
The only phrase that describes them is LIBERAL CULT.
It’s 1984 people. When you let them re-define all your words, they win. THEY can call themselves whatever the holy living Hell they want. But WE need to call them what they are — always.
logis on April 14, 2010 at 10:09 PM
I intend to protest at the funeral of the next WBC member. Seriously. I love the idea of protesting, revving engines, basically doing unto Westboro as they have been doing to everybody else. They need to learn that there are consequences for their behavior. One problem – if this is really the correct place – it looks like a house church. So protesting there every week would make life miserable for the poor schlubs who are already stuck with these vile people for neighbors. It can’t be doing their property values any good.
Laura on April 14, 2010 at 10:26 PM
Agreed. That was why Bush signed the Respect for America’s Fallen Heroes Act in 2006, two months after the grotesque intrusion on Lance Corporal Snyder’s funeral. It’s now against federal law to do what Westboro did that day.
The injury in the Snyder legal case, it seems to me, is slapping Mr. Snyder with Westboro’s court fees. That is indefensible and should be reversed.
But as Doctor Zero’s own argument highlights, it would be wrong for the court to take it upon itself to rule on what’s “unacceptable” speech and what isn’t.
Fortunately, that isn’t the only remedy. The 2006 act signed by Bush was designed to keep protesters like Westboro at a distance from military funerals. I would be all for states making their own laws to keep protesters at a distance from civilian funerals as well, regardless of the motive for protest.
Such laws might be challenged in court. I don’t know if the 2006 federal act has been challenged or not. But clearly those who wrote it didn’t think it violated the First Amendment, and I certainly don’t think it does. I think this kind of situation falls clearly within the limits inside which the state can regulate “speech.”
J.E. Dyer on April 14, 2010 at 11:00 PM
Two words: Jury Nullification
Knott Buyinit on April 14, 2010 at 11:06 PM
Thank you Doc for putting into words the kind of outrage we all feel at these neanterdals.
Evrviglnt on April 15, 2010 at 12:11 AM
Hope vs experience on this one.
Also remember, these vermin were going to protest the funerals of the little Amish girls that were murdered just a few years ago. Mike Gallagher, much, much to his credit, said that he’d give these demon possessed individuals an hour on his national radio show if they agreed to to not protest. They took him up on his offer.
Protesting the funerals of murdered children…
I would suggest a silent counter protest: some strong eucalyptus balm under our noses and a pad of butyric acid or 3methyl-1-butanethiol and (E)2butene1thiol (aka skunk smell) as we stand next to or in and amongst the WBC people.
Maybe even give them a hug or two. Waddya say?
Protest the funerals of murdered children…
Amendment X on April 15, 2010 at 12:39 AM
Appeals are heard only by judges, not juries.
Were a jury to find against WBC, there would be an appeal, again heard by judges.
I would suggest suing, and suing and suing…then suing again and run the WBC out of money.
Amendment X on April 15, 2010 at 12:43 AM
Chip on April 14, 2010 at 11:16 AM
My friend who started a troop support group called A Soldiers Wish List (a non-profit done from her heart and an all volunteer staff) and a few of her co-horts have gone head-to-head combative with WBC. These brave women get right in their faces.
Great post Dr. Z, as usual! Thank you!
margategop517 on April 15, 2010 at 12:49 AM
I am confident SCOTUS will rule in favor of Mr. Snyder. Intentional infliction of emotional distress is very clearly defined. Westboro’s actions meet the definition easily.
The thing that is the key is whether the average person would say their behavior is “outrageous”. I personally believe the justices will say yes, the average person would think their behavior as outrageous.
The elements to prove:
Intentional or reckless (Easily proven)
Extreme and outrageous behavior (defined as what a normal rational person would think)
Causation (Easily proven if Mr. Snyder has professionals testify on his behalf)
The closest thing SCOTUS has ruled on has been libel cases via public figures in print media.
Mr. Snyder is not a public figure. Nor could Westboro’s behavior be characterized as satire in any way shape or form.
I think he wins his case easily.
ButterflyDragon on April 15, 2010 at 1:14 AM
So absolutely true.
Jaibones on April 15, 2010 at 6:55 AM
I’ve been wondering the same thing lately. Also, who is funding all these cross country trips to protest? I’m sure it isn’t all coming out of the weekly collection plate.
We just had them here to protest near the campus of Virginia Tech. It was a combination of the approaching anniversary of the campus massacre and a female student that went missing from a concert and was found months later on a remote farm. She and the other victims, according to the scum, “had it coming to them.”
I had mixed feelings about the massive counter-protest that showed up. They drowned out any noise the scum made, but the also gave them the attention they wanted. This was different in that there was no funeral going on to interrupt.
I’d like to see their building (I can’t call it a church) surrounded while they’re inside and have them subjected to something akin to what Manuel Noriega got prior to his capture.
TugboatPhil on April 15, 2010 at 8:34 AM
I’m sure you were speaking figuratively, Dr. Zero. I’m not. Shotguns loaded with rock salt for those sorry pieces of sh*t with WBC. Maybe a manure spreader set on “spray”.
How pathetic that they can attack their way but we cannot defend by any means other than to plead with some nanny state bureaucrat to make them stop.
Extrafishy on April 15, 2010 at 8:39 AM