I want to make one thing perfectly clear: I absolutely despise Fred Phelps and the Westboro Baptist Church. However, as citizens of the United States of America, they are guaranteed First Amendment rights through the Constitution and they should be allowed to hold their protests.
The First Amendment guarantees the freedom of speech, not the freedom of pleasant speech. Just because we don’t like the Phelps’ actions doesn’t give us the right to declare them unconstitutional. Crossing the line by outlawing the Phelps’ actions would completely diminish the power of the most fundamental rights given to American citizens.
For the Supreme Court to rule in favor of Phelps, the question becomes whether they are punishing an offense or an idea. For any kind of freedom to exist in this country, we cannot outlaw ideas and censor viewpoints.
This country was founded upon the beliefs of freedom and diversified thought. In order to rule against the Phelps, the Supreme Court would have to make an entire process of thought illegal, and that just isn’t possible.
Legally, the Phelps’ are smart about what they do. They announce ahead of time the location of all their protests and stand in places that have been marked off for them by the police. By being upfront about all their actions, they allow for families to prepare. The Patriot Guard then becomes an option.
But as much as the Phelps are not wanted, they still have the right to protest, just as the Patriot Guard has the right to rev their engines so the Phelps’ can’t be heard.
If we start making everything we disagree with illegal, then America ceases to be free. And without freedom, America ceases to be America.