Lance Corporal Matthew Snyder was killed in Iraq, and his body was sent to his family for a proper burial. On the day the Snyder family was to lay their son to rest, the Phelps family picketed the funeral. They carried signs that read “Thank God for Dead Soldiers,” “Thank God for IEDs,” and “Fags Doom Nations.” The Phelps family did not limit their attacks to the military or the gay and lesbian community, however; they also targeted the Snyder family.
The Phelps family sent out a press release stating that they were going to picket Corporal Snyder’s funeral because “God Almighty killed Lance Corporal Snyder. He died in shame, not honor— for a fag nation cursed by God.” Corporal Snyder’s family won a lawsuit against the Phelps family. But the victory was short-lived.
The U.S. Supreme Court has just reversed the judgment against the Phelpses, ruling that the First Amendment to the Constitution protected their actions and statements.
So what can the Snyders and other families like theirs do after this decision? Under the law, nothing.
As a six-year veteran who served in Iraq, I am outraged by the Phelps family’s statements.
While in Iraq, my team and I faced a constant threat from explosive devices like IEDs. These weapons took the life of an airman I knew and injured another. To thank God for such weapons and to praise God for the death of soldiers is not just hurtful. It is a spit in the face to every person who served.
I agree with the Court to the extent that the Phelps family has a First Amendment right to expression issues regarding the military and the LGBT community. But I absolutely disagree with the Court’s ruling that the First Amendment allows people like the Phelpses to target private, grieving families. By allowing such speech, the Court has left victims with no legal protections, and has opened the door to the risk of violence.
As a society, we do not want individuals to take the law into their own hands. We want a person who has been wronged to seek justice through the legal system, not through violence. By deciding this case, in this way, the Court has given families like the Snyders no legal alternatives, no remedy, and no outlet for their outrage.
Families who lost children in this war will continue to honor their fallen children. When they do, the Phelpses will be allowed to protest and praise God for claiming another soldier. With no legal alternative, emotions will stir, and violence may explode. Targeted families and others sharing their views may feel tempted to resort to violence, and if they do, the legal system will punish them and protect the Phelpses.
The Court was correct to remember that free speech is a hallmark of a free, democratic, and civilized society. Sadly, it forgot that another hallmark of such a society is a legal system that gives victims an avenue for justice.
