The case was originally argued in a civil court, according to a PBS article, by Albert Snyder. Snyder's son, a U.S. Marine, was killed in combat in 2006. After the Westboro Baptist Church protested his son's funeral and condemned him and his son on their website, Snyder successfully sued them for 11 million dollars. He contended that they had intentionally cause him sever emotional distress.
The ruling was overturned by a Federal Appeals Court who argued that the actions of the Phelps family-- the primary make-up of Westboro Baptist Church-- was protected by the First Amendment. Many people, such as renowned CBS writer/anchor Bob Scheifer, are torn between this ruling because the topic is so emotionally charged: they don't want their freedom of speech infringed, but believe there must be exceptions. This is the argument OU junior Adam Endres makes.
"I think it's like going into a movie theatre and yelling 'fire!'-- you can't do it. So therefore there has to be other exemptions where the freedom of speech doesn't apply, and I think that this should be one of them," says Endres, a junior in the Army ROTC Officer Program here at OU. "People have died for our country and they should be given their final respects, and not have their families go through the hardship of having people there to protest their sacrifice for their country."
Endres does say he is on the fence about the issue because while he bases that argument emotionally, politically he has to concede that it is their right under the First Amendment to protest and express themselves. Endres' sentiments have been echoed by Gov. Deval Patrick-Dof Massachusetts, and the topic has been brought up in several campaign debates. To follow the story visit www.cbs.com.
Junior Army ROTC Officer Program student Adam Endres
To hear more of what Endres had to say listen to the clip below.
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