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WBC ordered to pay over $11 million for their protests

fightinfilipinofightinfilipino Angry as Hell#BLMRegistered User regular
edited November 2007 in Debate and/or Discourse
http://www.cnn.com/2007/US/law/10/31/funeral.protests.ap/index.html
BALTIMORE, Maryland (AP) -- A grieving father won a nearly $11 million verdict Wednesday against a fundamentalist Kansas church that pickets military funerals in the belief that the war in Iraq is a punishment for the nation's tolerance of homosexuality.


Albert Snyder of York, Pennsylvania., sued the Westboro Baptist Church for unspecified damages after members demonstrated at the March 2006 funeral of his son, Lance Cpl. Matthew Snyder, who was killed in Iraq.


The jury first awarded $2.9 million in compensatory damages. It returned later in the afternoon with its decision to award $6 million in punitive damages for invasion of privacy and $2 million for causing emotional distress.


U.S. District Judge Richard Bennett noted the size of the award for compensating damages "far exceeds the net worth of the defendants," according to financial statements filed with the court.

i never expected this. the Westboro Baptists do some despicable things, but their protests (and their legal arugments) have all managed so far to fit them within their first amendment rights.

i personally agree with the ruling in this case, but i know there are a lot of people who don't like the idea of being legally liable for speech, no matter how "offensive" it is. what are everyone's takes on this?

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  • MedopineMedopine __BANNED USERS regular
    edited October 2007
    They aren't liable for saying terrible things, they're liable for saying terrible things at a private funeral and intentionally causing emotional distress to those at the funeral.

    Medopine on
  • NarketNarket __BANNED USERS regular
    edited October 2007
    I think it's bullshit that people protest at fucking funerals. Anyone who does that should be punched in the face. It's one of the most disrespectful things I have ever heard of. However, I really don't think someone should recieve $11 million for it. That's outrageous, but maybe the court system is trying to make an example out of them. So that assholes will stop protesting at people who are trying to fucking grieve.

    Narket on
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  • Nova_CNova_C I have the need The need for speedRegistered User regular
    edited October 2007
    Yeah, it's punitive, not compensative. It's so that they don't do it again and others get the message that this shit is not to be tolerated.

    Nova_C on
  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    edited October 2007
    Narket wrote: »
    I think it's bullshit that people protest at fucking funerals. Anyone who does that should be punched in the face. It's one of the most disrespectful things I have ever heard of. However, I really don't think someone should recieve $11 million for it. That's outrageous, but maybe the court system is trying to make an example out of them. So that assholes will stop protesting at people who are trying to fucking grieve.
    They're punitive damages.

    Fencingsax on
  • MedopineMedopine __BANNED USERS regular
    edited October 2007
    $2.9 mill for the suffering, $8 million in punis.

    Medopine on
  • ForarForar #432 Toronto, Ontario, CanadaRegistered User regular
    edited November 2007
    I browsed the wiki page, but didn't see it clearly laid out in crayon, so I figured I'd ask here;

    I assume Compensation is clearly paid to the plaintiff, who gets the punitive cash? The government?

    Forar on
    First they came for the Muslims, and we said NOT TODAY, MOTHERFUCKER!
  • Fuzzy Cumulonimbus CloudFuzzy Cumulonimbus Cloud Registered User regular
    edited November 2007
    Funerals are not meant to be spun in a political direction.
    Protesters should ,rightly so, get the fuck out.

    Fuzzy Cumulonimbus Cloud on
  • AngelHedgieAngelHedgie Registered User regular
    edited November 2007
    Forar wrote: »
    I browsed the wiki page, but didn't see it clearly laid out in crayon, so I figured I'd ask here;

    I assume Compensation is clearly paid to the plaintiff, who gets the punitive cash? The government?

    The plaintiff as well. Which is the best solution.

    AngelHedgie on
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  • nexuscrawlernexuscrawler Registered User regular
    edited November 2007
    The biggest difference is the punative damages are much more likely to get set aside by the judge if they're ridiculous. Don't know if the judge has made a final call on that yet.

    nexuscrawler on
  • matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited November 2007
    I honestly don't think this will change what WBC is doing. If anything, it will only make them more resolved to protest, until it starts resulting in arrests and imprisonment. And I doubt the plantiff will ever see a dime.

    It does, however, set precedence. WBC has been prolific in their lawsuit filing whenever someone maligns them, and this turns the tables. If enough families sue, WBC will be tied up legally for years, and it will keep them off the streets.

    matt has a problem on
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  • Fuzzy Cumulonimbus CloudFuzzy Cumulonimbus Cloud Registered User regular
    edited November 2007
    It's good to know that my lifestyle is causing the Iraq war, Katrina and other disasters.
    :x

    Fuzzy Cumulonimbus Cloud on
  • nexuscrawlernexuscrawler Registered User regular
    edited November 2007
    The gayness on this boards have spawned no less than 25 natural disasters and acts of terrorism

    nexuscrawler on
  • ForarForar #432 Toronto, Ontario, CanadaRegistered User regular
    edited November 2007
    If that's the price of freedom... go forth young men and women of "teh ghey", go forth.

    Forar on
    First they came for the Muslims, and we said NOT TODAY, MOTHERFUCKER!
  • matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited November 2007
    That kind of record is something to take pride in. Gay pride.

    matt has a problem on
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  • PataPata Registered User regular
    edited November 2007
    Wow what dicks.

    They got what they deserved.

    Pata on
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  • ThanatosThanatos Registered User regular
    edited November 2007
    So, I'm gonna go ahead and disagree with what most of the people in this thread are going to say: I think this verdict was wrong. It was inevitable, given that it was a jury trial, but I think it should be overturned on appeal (whether or not it will be, I don't know). Yeah, this is a shitty thing for them to do, however I really don't like the precedent of people being able to sue over "infliction of emotional distress" because of someone protesting. If the Supreme Court does hear it, it certainly addresses a lot of the same issues we see in Falwell v. Flynt. Are they going to overturn Falwell? Or are they going to partially overturn it?

    Let's say they don't overturn it, and the rights of the WBC to protest are upheld, as they should be. So, what recourse do the families have? Very simple: they go to their state legislatures, and request legislation restricting protests within a certain distance of a funeral. 40 states already have legislation doing so (though, many of them are limited to only military funerals, which I think is bullshit). It's a legal remedy that falls under a "reasonable time, place, and manner" restriction allowable based on precedent. If they break those laws, they should be arrested and punished according to them; I just don't think this sort of civil precedent is a good one, and I think it risks further eroding our already restricted right to protest.

    Thanatos on
  • TofystedethTofystedeth Registered User regular
    edited November 2007
    Would it inappropriate at this juncture to make a joke about Fred Phelps taking it in the ass? Because that would please me. My freshman year I was shown his website and was made so angry. I know Topekans who knew his family, and they all hated him. Though apparently his kids are quite reasonable.

    Tofystedeth on
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  • AdrienAdrien Registered User regular
    edited November 2007
    Thinatos wrote: »
    So, I'm gonna go ahead and disagree with what most of the people in this thread are going to say: I think this verdict was wrong. It was inevitable, given that it was a jury trial, but I think it should be overturned on appeal (whether or not it will be, I don't know). Yeah, this is a shitty thing for them to do, however I really don't like the precedent of people being able to sue over "infliction of emotional distress" because of someone protesting. If the Supreme Court does hear it, it certainly addresses a lot of the same issues we see in Falwell v. Flynt. Are they going to overturn Falwell? Or are they going to partially overturn it?

    You could make a very good argument to the effect that they were protesting with the intent to cause the family undue emotional distress.

    I think it's good people can be punished for that, all things considered.

    Adrien on
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  • AngelHedgieAngelHedgie Registered User regular
    edited November 2007
    Adrien wrote: »
    Thinatos wrote: »
    So, I'm gonna go ahead and disagree with what most of the people in this thread are going to say: I think this verdict was wrong. It was inevitable, given that it was a jury trial, but I think it should be overturned on appeal (whether or not it will be, I don't know). Yeah, this is a shitty thing for them to do, however I really don't like the precedent of people being able to sue over "infliction of emotional distress" because of someone protesting. If the Supreme Court does hear it, it certainly addresses a lot of the same issues we see in Falwell v. Flynt. Are they going to overturn Falwell? Or are they going to partially overturn it?

    You could make a very good argument to the effect that they were protesting with the intent to cause the family undue emotional distress.

    I think it's good people can be punished for that, all things considered.

    There's also the fact that Falwell was a public person and some dead soldier isn't.

    AngelHedgie on
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  • RichyRichy Registered User regular
    edited November 2007
    I think I agree with Thinatos. While I think the WBC deserve this (and much, much worse), the precedent this sets is not a good one. $11M for abstract "emotional distress" that a protest caused? Where do we draw the line? I'm sure pro-gay-right protests are causing emotional distress to homophobic fundies, and anti-war protests are causing emotional distress to southern rednecks... we could be stepping on a very slippery slope here.

    Richy on
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  • ThanatosThanatos Registered User regular
    edited November 2007
    Adrien wrote: »
    Thinatos wrote: »
    So, I'm gonna go ahead and disagree with what most of the people in this thread are going to say: I think this verdict was wrong. It was inevitable, given that it was a jury trial, but I think it should be overturned on appeal (whether or not it will be, I don't know). Yeah, this is a shitty thing for them to do, however I really don't like the precedent of people being able to sue over "infliction of emotional distress" because of someone protesting. If the Supreme Court does hear it, it certainly addresses a lot of the same issues we see in Falwell v. Flynt. Are they going to overturn Falwell? Or are they going to partially overturn it?
    You could make a very good argument to the effect that they were protesting with the intent to cause the family undue emotional distress.

    I think it's good people can be punished for that, all things considered.
    There's also the fact that Falwell was a public person and some dead soldier isn't.
    The fact is though that the protest in question is very highly-charged political speech with which the vast, vast majority of people disagree, which is to say that it's exactly the sort of speech that needs the most protection under the first amendment.

    It's not like these people are without remedy; the WBC was taking advantage of a loophole in the law that has since been closed in most places. I don't think it's necessary to strike this sort of a blow to free speech rights.

    Thanatos on
  • emnmnmeemnmnme Registered User regular
    edited November 2007
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0

    emnmnme on
  • AngelHedgieAngelHedgie Registered User regular
    edited November 2007
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0

    First, fuck O'Reilly. We're talking about a man who pushed Fox to sue over a book that made fun of him. He doesn't get to bitch about disruptions.

    Second, there's a difference between what happened at Columbia and what the WBC does. Again, it all factors down to public person or not.

    AngelHedgie on
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  • ThanatosThanatos Registered User regular
    edited November 2007
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"

    Thanatos on
  • AngelHedgieAngelHedgie Registered User regular
    edited November 2007
    Thinatos wrote: »
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"

    First off, he'd have to prove that they intentionally inflicted distress. Somehow, I doubt he'd succeed.

    AngelHedgie on
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  • ThanatosThanatos Registered User regular
    edited November 2007
    Thinatos wrote: »
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"
    First off, he'd have to prove that they intentionally inflicted distress. Somehow, I doubt he'd succeed.
    I think there's every bit as much of a case for those hippies wanting to inflict emotional distress on him as there is for the WBC deliberately inflicting emotional distress on soldiers' families.

    Thanatos on
  • TofystedethTofystedeth Registered User regular
    edited November 2007
    Richy wrote: »
    I think I agree with Thinatos. While I think the WBC deserve this (and much, much worse), the precedent this sets is not a good one. $11M for abstract "emotional distress" that a protest caused? Where do we draw the line? I'm sure pro-gay-right protests are causing emotional distress to homophobic fundies, and anti-war protests are causing emotional distress to southern rednecks... we could be stepping on a very slippery slope here.

    I think there were anti-war protests at funerals too. And while I am in anti-war camp, protesting at a funeral is just completely without class. If the parents of those soldiers had sued, I'd have agreed with them too. As far as this being a dangerous precedent, we're already not allowed to be anywhere near G8 meetings, or even attend peacefully a Bush rally if we aren't wearing our "I <3 Bush" shirts. The precedents are already being set. This is closer to an actual reasonable outcome than many.

    Tofystedeth on
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  • DagrabbitDagrabbit Registered User regular
    edited November 2007
    Unless there's a law on the books (as there is in other states as Thanatos mentioned), the protest shouldn't be punished. It's political speech, and that should be protected, even if they're dickheads. The invasion of privacy is a bullshit charge unless the protesters broke into private property.

    Dagrabbit on
  • ThanatosThanatos Registered User regular
    edited November 2007
    Richy wrote: »
    I think I agree with Thinatos. While I think the WBC deserve this (and much, much worse), the precedent this sets is not a good one. $11M for abstract "emotional distress" that a protest caused? Where do we draw the line? I'm sure pro-gay-right protests are causing emotional distress to homophobic fundies, and anti-war protests are causing emotional distress to southern rednecks... we could be stepping on a very slippery slope here.
    I think there were anti-war protests at funerals too. And while I am in anti-war camp, protesting at a funeral is just completely without class. If the parents of those soldiers had sued, I'd have agreed with them too. As far as this being a dangerous precedent, we're already not allowed to be anywhere near G8 meetings, or even attend peacefully a Bush rally if we aren't wearing our "I <3 Bush" shirts. The precedents are already being set. This is closer to an actual reasonable outcome than many.
    Yes, the rights have already been eroded, so let's make things worse because this time, they're worse against people we don't like. That's a constructive attitude.

    Thanatos on
  • AngelHedgieAngelHedgie Registered User regular
    edited November 2007
    Thinatos wrote: »
    Thinatos wrote: »
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"
    First off, he'd have to prove that they intentionally inflicted distress. Somehow, I doubt he'd succeed.
    I think there's every bit as much of a case for those hippies wanting to inflict emotional distress on him as there is for the WBC deliberately inflicting emotional distress on soldiers' families.
    There is? Remember, the protestors at Columbia were showing opposition for his stances. In comparison, the WBC goes out as says "Your son/daughter died because of Teh Ghey." There is a difference.

    AngelHedgie on
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  • Nova_CNova_C I have the need The need for speedRegistered User regular
    edited November 2007
    Thinatos wrote: »
    Thinatos wrote: »
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"
    First off, he'd have to prove that they intentionally inflicted distress. Somehow, I doubt he'd succeed.
    I think there's every bit as much of a case for those hippies wanting to inflict emotional distress on him as there is for the WBC deliberately inflicting emotional distress on soldiers' families.
    There is? Remember, the protestors at Columbia were showing opposition for his stances. In comparison, the WBC goes out as says "Your son/daughter died because of Teh Ghey." There is a difference.

    Not only that, but the WBC protesters allude to the gay being the soldier's fault and the death is just punishment. I wonder if defamation of character was put out there or not.

    Nova_C on
  • ThanatosThanatos Registered User regular
    edited November 2007
    Nova_C wrote: »
    Thinatos wrote: »
    Thinatos wrote: »
    emnmnme wrote: »
    How about these protesters who, O'Reilly says, received no serious punishment?

    While I don't want the Minuteman Project to get $11 million for disrupting a speech, it feels wrong that some protesters get away with being dicks at inappropriate times.

    http://www.youtube.com/watch?v=3SGJEaWxto0
    Can you imagine if, based on this precedent, Jim Gilchrest were to sue and get $20 million from Columbia University for "intentional infliction of emotional distress?"
    First off, he'd have to prove that they intentionally inflicted distress. Somehow, I doubt he'd succeed.
    I think there's every bit as much of a case for those hippies wanting to inflict emotional distress on him as there is for the WBC deliberately inflicting emotional distress on soldiers' families.
    There is? Remember, the protestors at Columbia were showing opposition for his stances. In comparison, the WBC goes out as says "Your son/daughter died because of Teh Ghey." There is a difference.
    Not only that, but the WBC protesters allude to the gay being the soldier's fault and the death is just punishment. I wonder if defamation of character was put out there or not.
    They pretty much used the shotgun method. However, an argument can be made that by serving in the military, one advocates for the things their government stands for.

    Like I said, though, I think that there is a more than adequate remedy for this problem in the future, and I think the damage done to free speech rights by finding for the plaintiffs far outweighs the damage done to a few families by their protests.

    Thanatos on
  • TofystedethTofystedeth Registered User regular
    edited November 2007
    Thinatos wrote: »
    Richy wrote: »
    I think I agree with Thinatos. While I think the WBC deserve this (and much, much worse), the precedent this sets is not a good one. $11M for abstract "emotional distress" that a protest caused? Where do we draw the line? I'm sure pro-gay-right protests are causing emotional distress to homophobic fundies, and anti-war protests are causing emotional distress to southern rednecks... we could be stepping on a very slippery slope here.
    I think there were anti-war protests at funerals too. And while I am in anti-war camp, protesting at a funeral is just completely without class. If the parents of those soldiers had sued, I'd have agreed with them too. As far as this being a dangerous precedent, we're already not allowed to be anywhere near G8 meetings, or even attend peacefully a Bush rally if we aren't wearing our "I <3 Bush" shirts. The precedents are already being set. This is closer to an actual reasonable outcome than many.
    Yes, the rights have already been eroded, so let's make things worse because this time, they're worse against people we don't like. That's a constructive attitude.

    ...
    That's not how I meant it. Unless the judge has said specifically that this a punishment for being anti-gay, I don't think this is a problem. This is a punishment for being a dickhole at a private funeral. I already said that I support this same kind of treatment for protesters of any kind at a funeral, which is what those 40 state laws you mentioned do.

    Tofystedeth on
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  • ThanatosThanatos Registered User regular
    edited November 2007
    Thinatos wrote: »
    Richy wrote: »
    I think I agree with Thinatos. While I think the WBC deserve this (and much, much worse), the precedent this sets is not a good one. $11M for abstract "emotional distress" that a protest caused? Where do we draw the line? I'm sure pro-gay-right protests are causing emotional distress to homophobic fundies, and anti-war protests are causing emotional distress to southern rednecks... we could be stepping on a very slippery slope here.
    I think there were anti-war protests at funerals too. And while I am in anti-war camp, protesting at a funeral is just completely without class. If the parents of those soldiers had sued, I'd have agreed with them too. As far as this being a dangerous precedent, we're already not allowed to be anywhere near G8 meetings, or even attend peacefully a Bush rally if we aren't wearing our "I <3 Bush" shirts. The precedents are already being set. This is closer to an actual reasonable outcome than many.
    Yes, the rights have already been eroded, so let's make things worse because this time, they're worse against people we don't like. That's a constructive attitude.
    ...
    That's not how I meant it. Unless the judge has said specifically that this a punishment for being anti-gay, I don't think this is a problem. This is a punishment for being a dickhole at a private funeral. I already said that I support this same kind of treatment for protesters of any kind at a funeral, which is what those 40 state laws you mentioned do.
    Right, only those 40 state laws don't set a precedent of "if some protesters say something you don't like, you can get $11 million from them for emotional distress."

    Thanatos on
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  • DocDoc Registered User, ClubPA regular
    edited November 2007
    I was kind of hoping that the protests would end with a good old fashioned IED attack on their bus as they roll out of town.

    118369256_8ca20f9bd8_m.jpg

    Doc on
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  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    edited November 2007
    mcdermott wrote: »
    Doc wrote: »
    I was kind of hoping that the protests would end with a good old fashioned IED attack on their bus as they roll out of town.

    118369256_8ca20f9bd8_m.jpg

    This is one of those times where, quite honestly, it's only the threat of prison that would keep me from committing an otherwise horrendous crime. I've been hit by IEDs, and lost friends to IEDs, so I'd have absolutely zero problem taking that little twat's life. So take that, everybody who says that such things can't act as a deterrent to crime.

    Oh, and I know this makes me a bad person. And I don't care.

    You're still a better person than that douche. Hells, I don't even know what an IED looks like, and I would set one off under him in a second.

    Fencingsax on
  • TachTach Registered User regular
    edited November 2007
    Srsly- I'd doubt the right-mindedness of anyone who looked at that guy and didn't want to punch him in the face.

    Tach on
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