It has been decided: The Westboro Baptist Church’s protests are protected by the First Amendment.
When I first heard of this most authentic victory, delivered by the highest legal authority in the nation, my first emotion was anger, which turned to frustration, and then settled into a kind of Zen-like calm that all was right in the world, at least at the Supreme Court.
Let me explain.
Several days ago I had the privilege of witnessing an oral argument at the Supreme Court. I have always held a profound veneration for the justices, but seeing them in action solidified their existence, in my mind, as the most thoughtful and wisest members of our nation.
In the case that I saw, Stanford v. Roche, the Justices deftly pondered complex and seemingly convoluted issues regarding the ownership of patents, a small subsection of American Law Canon. They handled the case with expertise and thorough control. In other words; they know the law.
But the most striking thing about the Supreme Court justices is not their knowledge of the law, it is their unshakeable and steadfast respect for it.
The law is unwavering. It is inflexible and intransigent, even if sometimes we would like it to be. One of the great principles of our American Legal system is that no one is above the law. Snyder v. Phelps demonstrated the implicit converse; no one is below the law.
America does not like the Westboro Baptist church. We do not agree with its message, and would rather see it not protest. This national sentiment is not lost on the Supreme Court.
But legally it is irrelevant, and that’s what makes this case so remarkable.
In his majority opinion Chief Justice John Roberts wrote:
“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
All free speech is protected in America. This is a cornerstone of our nation. Although some nasty outliers will inevitably be in the mix along with the plethora of rational, constructive debate, we cannot get angry. Instead, we must quietly ignore them, and move on, feeling good about our country. The fact that fringe groups are allowed to vent their passionate feelings in a public forum, without being harassed, attacked or arrested is what makes this nation safe, stable and powerful.
We should all feel reassured by the Supreme Court decision, knowing that even these tumultuous times, fundamental American values are as strong as ever.
Tyler Hastings Junior, Washington Semester Program
