Westboro goes to Court

[loCAtek]

I stand with Albert Synder

[loCAtek]

Snyder gets VFW support in case against protesters at son's funeral
Petition signed by 40,000 backs legal fight against Westboro Baptist Church

By Jessica Anderson, The Baltimore Sun

John Emswiler, who spent 13 months in Vietnam, remembers being spit on while serving in the Marines from 1967 to 1970.

After the treatment he received, Emswiler, 62, said he felt an obligation to sign a Veterans of Foreign Wars petition in support of Albert Snyder's case against members of Westboro Baptist Church, which will be heard by the Supreme Court in October.

Snyder's legal battle began after his son, Marine Lance Cpl. Matthew A. Snyder, 20, was killed in a Humvee accident in Iraq on March 3, 2006. A week later, Westboro Baptist members stood outside the funeral at St. John's Roman Catholic Church in Westminster, waving signs that said "Thank God for dead soldiers" and "God hates fags" as mourners grieved inside.

"I can't believe someone would do something like that," Emswiler said Saturday. He was attending a Memorial Day service at Monocacy Valley Memorial Post 6918 in Taneytown, where Snyder was presented with the VFW petition, signed by 40,000 people from across the country who support his legal fight against the church.

"We stand to support him and his endeavors to pursue this legal matter," said Frank M. Rauschenberg, who contacted Snyder to speak at the VFW event.

Snyder spoke to the crowd of about 50 and was presented the petition by Cmdr. Albert Angell and state Senior Vice Cmdr. Douglas McArthur of the Department of Maryland VFW.

Church members had never met Matthew, who was not gay, or his family. They contended that the protest was directed not at Snyder but at the U.S. government and its tolerance of homosexuality and gays in the military.

Snyder sued Westboro Baptist Church and its leaders in federal court in Baltimore a few months after his son was killed, contending that they invaded his privacy and intentionally inflicted emotional distress. A Maryland jury awarded him $2.9 million in compensatory damages and $8 million in punitive damages in October 2007, but in September 2009, the U.S. Court of Appeals for the 4th Circuit, in Richmond, Va., overturned the lower court's verdict, with two of the three judges citing the church members' right to free speech.

On March 8, the Supreme Court agreed to hear the case in the fall. More than 45 state attorneys-general have signed an amicus brief in support of the case, Snyder v. Phelps.

"It's an uphill battle," Snyder said Saturday. "People want to make this out as free speech. But to me, this case is [about] harassment," adding that he does not want other families to endure such pain.

He said he gets several thousand e-mail messages a week, many from soldiers following the case. Many have said that the verdict would affect their careers in the military, according to Snyder, because they don't want their families to face such protests.

Even with the support, Snyder said, he will be glad when October comes.

"It gets tiring," he said. "I feel like I'm doing two full-time jobs."

[loCAtek]

Albert Snyder's supporters against Westboro file briefs with court
How much influence the groups have on the justices remains to be seen.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 06/02/2010 09:28:41 AM EDT

Forty-two U.S. senators, 48 states, the veterans organizations and schools of law and psychology have filed briefs with the U.S. Supreme Court supporting Albert Snyder in his case against Westboro Baptist Church.

The amicus curiae briefs argue the Fourth U.S. Circuit Court of Appeals was wrong to overrule a jury's verdict that the Rev. Fred Phelps and his followers intentionally inflicted emotional distress on the Spring Garden Township man and defamed his family.

Snyder's attorney, Sean Summers, was pleased by the friends of the court briefs, which were due Tuesday.

"If you had asked people in advance, I think they would have expected us to get the VFW," Summers said. "I don't think too many people would have guessed we would have mustered the support of 48 states and D.C."

Summers said he was aware of few civil cases that garnered the support of even half the states.

"All of these states are saying we want our citizens to have this civil remedy at their disposal, especially in this scenario," Summers said.

In addition to the 40 senators who joined a brief by Sens. Harry Reid, D-Nev., and Mitch McConnell, R-Ky., Summers said a number of them called to personally express their support for Snyder.

Snyder is asking the court to overrule a federal appeals court and restore a jury verdict that found that the Kansas-based Westboro Baptist Church invaded his privacy and defamed his family when Phelps and other church members held a demonstration
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1,000 feet outside the March 2006 funeral of Snyder's son, Lance Cpl. Matthew Snyder, in Westminster, Md.

Tuesday was also the deadline for amicus briefs in support of neither party, and the court received three of those briefs.

It's crucial that amicus briefs present a different argument than those made by Snyder and Phelps, said Clay Calvert, a First Amendment expert at the University of Florida. Often, amicus writers will focus on a specific area of expertise.

Justices' clerks are often tasked with reading the briefs first, Calvert said.

"Briefs from political heavy-hitters or well-known groups will certainly catch the eye of the clerks more than a brief from an individual or group that is virtually unknown," Calvert said. "How much influence it will have remains to be seen."

And ultimately, Calvert said, the arguments Snyder and Phelps make will be the most important.

The amicus briefs came a week after Snyder filed his petition to the court. The Phelpses have until June 23 to file their response, and amicus briefs supporting Westboro are due June 30.

The court is expected to hear the case in October.

Snyder's supporters

The following organizations filed amicus briefs with the U.S. Supreme Court in support of Albert Snyder:

# A group of 42 U.S. Senators, led by Harry Reid and Mitch McConnell

# Veterans of Foreign Wars of the United States

# American Legion

# John Marshall Law School Veterans Legal Support Center & Clinic and the Chicago School of Professional Psychology

# The attorneys general of Kansas and 47 other states, including Pennsylvania

The following organizations filed amicus briefs in support of neither party:

# The American Center for Law and Justice

# The Anti-Defamation League

# The Center for Constitutional Jurisprudence, which suggests reversal of the 4th U.S. Circuit Court of Appeals

To read the briefs and learn more about the case, visit ydr.com/westboro.

Senators from Pennsylvania weigh in

Both of Pennsylvania's senators joined an amicus brief by Sen. Harry Reid, D-Nev., and Sen. Mitch McConnell, R-Ky., in support of Albert Snyder in his appeal before the U.S. Supreme Court.

Senators Arlen Specter and Robert Casey issued statements Tuesday explaining their decision to join 40 other senators.

Specter:

"I believe that kind of activity at a funeral is not protected by the First Amendment. The First Amendment right to freedom of speech has never been absolute. There are limitations on freedom of speech and I believe this would be in that category because the funeral of a person is obviously a solemn affair and especially so under the circumstances of a fallen veteran. To try to turn that into an occasion for a political comment, I think, is just outlandish and not protected."

Casey:

"I recently had the opportunity to meet with Albert Snyder and my heart goes out to him and his family for their loss. Matthew Snyder gave what Abraham Lincoln describes as the last full measure of devotion when he gave his life in service of his country. His family should have the right to commemorate his life and mourn his loss peacefully and privately. Grieving families of fallen soldiers should all be afforded this right."

Also of interest
· York, Pa.-based Web site tracking U.S. Supreme Court case, Snyder vs. Westboro.

[dales]

Enquiring minds want to know:




When Phelps kicks off, will there be any picketers at his funeral?

[kristina]

Jubilation and dancing in the streets, more likely....

[Gob]

I'd happily go along...

....and piss on his grave