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Westboro Baptist ordered to pay 11mil!

 
 
Reply Thu 1 Nov, 2007 02:52 pm
Finally! Thank God

Church ordered to pay $10.9 million for funeral protest - CNN.com

funny how they protest homosexuality but end up gettin effed in the aay in civil court lol
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Type: Discussion • Score: 1 • Views: 2,825 • Replies: 58
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Freeman15
 
  1  
Reply Thu 1 Nov, 2007 03:34 pm
@Silverchild79,
Silverchild79;43919 wrote:
Finally! Thank God

Church ordered to pay $10.9 million for funeral protest - CNN.com

funny how they protest homosexuality but end up gettin effed in the aay in civil court lol


This case had better be overturned on appeal. The church members, while they may be bumpkin idiots, have a right to peacefully assemble publically, and that's what they did. Further, a verdict of $11million is obscene in ANY emotional distress case, in fact, to my mind, emotional distress shouldn't even be a tort, because it has no enumerable value.

Don't misunderstand, I think these people are beneath contempt for what they're doing (not because they're protesting soldiers, but because they're rubbing salt in the wounds of the family), and probably need to die in some horrible way, but Constitutionally they have the right to assemble.
Silverchild79
 
  1  
Reply Thu 1 Nov, 2007 03:55 pm
@Silverchild79,
I wouldn't think screaming "your son died because he was a fag" or "god hates your son" is considered peaceful assembly

and 11 million seems high, but if you could put a price tag on the hurt having to bury your own child causes I would say any amount is reasonable. Maybe they should make this class action and split the money between all the families who've been hurt by them.

And remember the 1st amendment doesn't protect you from civil action for slander...
aaronssongs
 
  1  
Reply Thu 1 Nov, 2007 04:01 pm
@Freeman15,
Freeman15;43924 wrote:
This case had better be overturned on appeal. The church members, while they may be bumpkin idiots, have a right to peacefully assemble publically, and that's what they did. Further, a verdict of $11million is obscene in ANY emotional distress case, in fact, to my mind, emotional distress shouldn't even be a tort, because it has no enumerable value.

Don't misunderstand, I think these people are beneath contempt for what they're doing (not because they're protesting soldiers, but because they're rubbing salt in the wounds of the family), and probably need to die in some horrible way, but Constitutionally they have the right to assemble.


I hope the appeal is turned on its' head, and the verdict stands (of course)
There is the right to assemble and there is common decency and vs. "extremely poor taste".
And I wish the verdict award was "higher", say 20 mil., because that would send an even "clearer' message of what you shouldn't do vs. what you can do. I'd be for an amendment to the Constitution to ensure that what the congregation did, would never happen again. And all your accusations of me being subversive, obstructionist, or way left field...well, you know what you can do with them, before you even go there.
Silverchild79
 
  1  
Reply Thu 1 Nov, 2007 04:04 pm
@Silverchild79,
I agree with aaron?

I'm going to go lay down for awhile...
aaronssongs
 
  1  
Reply Thu 1 Nov, 2007 04:16 pm
@Silverchild79,
Silverchild79;43933 wrote:
I agree with aaron?

I'm going to go lay down for awhile...


The Earth is going to stop revolving.....LOLOLOL.
0 Replies
 
mommamia
 
  1  
Reply Thu 1 Nov, 2007 04:44 pm
@Silverchild79,
Peaceful assembly is protected, not disruptive assembly.

Speech is free, but slander is illegal.

I hope more people sue these bastards, take away their money and see how much trouble they can cause.
0 Replies
 
Pinochet73
 
  1  
Reply Thu 1 Nov, 2007 07:30 pm
@Silverchild79,
Yeah.....that's hateful speech, and a public disturbance, big time. Those are some serious haters. I blame it on Fundamentalism.
0 Replies
 
Curmudgeon
 
  1  
Reply Thu 1 Nov, 2007 08:00 pm
@Silverchild79,
I , too, agree with Aaron, and it isn't the first time!
xj0hnx
 
  1  
Reply Thu 1 Nov, 2007 08:17 pm
@Freeman15,
Freeman15;43924 wrote:
This case had better be overturned on appeal. The church members, while they may be bumpkin idiots, have a right to peacefully assemble publically, and that's what they did. Further, a verdict of $11million is obscene in ANY emotional distress case, in fact, to my mind, emotional distress shouldn't even be a tort, because it has no enumerable value.

Don't misunderstand, I think these people are beneath contempt for what they're doing (not because they're protesting soldiers, but because they're rubbing salt in the wounds of the family), and probably need to die in some horrible way, but Constitutionally they have the right to assemble.



They have a right to assemble till they die, but do not have a right to slander. If you can find something in their hateful slander that is protected under the Constitution, I'll agree with you, but I don't think you'll be able to.
aaronssongs
 
  1  
Reply Thu 1 Nov, 2007 09:51 pm
@Curmudgeon,
Curmudgeon;43963 wrote:
I , too, agree with Aaron, and it isn't the first time!


Lord, the sky, surely, is gonna fall. I don't think I can take "the love".
0 Replies
 
aaronssongs
 
  1  
Reply Thu 1 Nov, 2007 10:02 pm
@xj0hnx,
xj0hnx;43966 wrote:
They have a right to assemble till they die, but do not have a right to slander. If you can find something in their hateful slander that is protected under the Constitution, I'll agree with you, but I don't think you'll be able to.


I just watched CNN's special on "The Noose"
CNN.com.............

and I was mortified by the pictures that were depicted...if anyone saw these pictures, they would understand how deep and visceral the symbolism represented by a noose....a simple noose hanging depicts little, until you see the pictures of young men, old men, even some women, hanging, grotesquely, from a noose...with various white people standing around, pointing, laughing, and otherwise, "unmoved" by the horror. Then one might begin to understand while the First Amendment, as written, protects imagery, and even the right to assemble....but some things are best kept out of sight, and out of mind, lest our sensibilities be assaulted, and maimed.
0 Replies
 
Freeman15
 
  1  
Reply Fri 2 Nov, 2007 12:46 am
@Silverchild79,
Silverchild79;43929 wrote:
I wouldn't think screaming "your son died because he was a fag" or "god hates your son" is considered peaceful assembly

and 11 million seems high, but if you could put a price tag on the hurt having to bury your own child causes I would say any amount is reasonable. Maybe they should make this class action and split the money between all the families who've been hurt by them.

And remember the 1st amendment doesn't protect you from civil action for slander...


Peaceful meaning lack of violence.

I wouldn't have sued them at all. I'd be wearing an orange jumpsuit awaiting trial right now, because we would have some dead country bumpkins if they pulled that sort of crap at a funeral for one of my relatives. The issue is whether or not the government has the right to censor them, and frankly, they don't. The first amendment clearly states that Congress "shall make no law", that's pretty definitive. Slander and libel, while morally wrong, are Constitutionally protected. SCOTUS disagrees because they think they know what the founders "meant" to say, when the amendment is pretty clear.
Freeman15
 
  1  
Reply Fri 2 Nov, 2007 12:52 am
@aaronssongs,
aaronssongs;43931 wrote:
I hope the appeal is turned on its' head, and the verdict stands (of course)
There is the right to assemble and there is common decency and vs. "extremely poor taste".
And I wish the verdict award was "higher", say 20 mil., because that would send an even "clearer' message of what you shouldn't do vs. what you can do. I'd be for an amendment to the Constitution to ensure that what the congregation did, would never happen again. And all your accusations of me being subversive, obstructionist, or way left field...well, you know what you can do with them, before you even go there.


You're entitled to your opinion on this issue, and I encourage you to write your congressman and try to get an amendment through, that's one of the kickass things about representative democracy, it allows, and requires participation. However, until you manage to get the Constitution amended, Amendment I stands in favor of the defendants. This case was misajudicated, plain and simple.
aaronssongs
 
  1  
Reply Fri 2 Nov, 2007 07:38 am
@Freeman15,
Freeman15;43988 wrote:
You're entitled to your opinion on this issue, and I encourage you to write your congressman and try to get an amendment through, that's one of the kickass things about representative democracy, it allows, and requires participation. However, until you manage to get the Constitution amended, Amendment I stands in favor of the defendants. This case was misajudicated, plain and simple.


nope. looks like justice prevailed...cheese to go with your "sour grapes"?
Emiliana
 
  1  
Reply Fri 2 Nov, 2007 09:06 am
@Silverchild79,
Fred Phelps and the rest of the WBC are a bunch if sick freaks and are an embarassment of their religion and to America.
0 Replies
 
Silverchild79
 
  1  
Reply Fri 2 Nov, 2007 09:28 am
@Freeman15,
Freeman15;43987 wrote:
The issue is whether or not the government has the right to censor them, and frankly, they don't. The first amendment clearly states that Congress "shall make no law", that's pretty definitive. Slander and libel, while morally wrong, are Constitutionally protected.


they're protected as in you have the right to say it, but you also have the right to sue somebody for slander. It's the difference between Criminal and Civil acts and that's constitutional. There shouldn't be any laws passed preventing them from speaking, but neither does the 1st amendment protect them from civil action if they slander somebody. Specifically it says "Congress shall pass no law" it says nothing to the effect of "Slander must be free of civil recourse"
Freeman15
 
  1  
Reply Fri 2 Nov, 2007 10:15 am
@Silverchild79,
Silverchild79;44000 wrote:
they're protected as in you have the right to say it, but you also have the right to sue somebody for slander. It's the difference between Criminal and Civil acts and that's constitutional. There shouldn't be any laws passed preventing them from speaking, but neither does the 1st amendment protect them from civil action if they slander somebody. Specifically it says "Congress shall pass no law" it says nothing to the effect of "Slander must be free of civil recourse"


In order for a lawsuit to be legally valid a tort must have been committed. "Tort" is defined as "a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. "

In the common law system alone, you're right, slander would be a civil wrong and thus be considered a tort, but we live under a constitutional common law system in which judicial action is restrained by formal boundaries. I was wrong when I said SCOTUS was against me here, as in 1974 in Gertz v. Robert Welch Inc., SCOTUS found that negative opinions could not be considered libel, only falsified facts. Since slander is the spoken version of libel, we can conclude that the OPINIONS of the demonstrators, while demented, are not slander, and therefore, no tort exists. They claim that God hates America and is punishing us for our sins with the Iraq war, and they also hate gays. These are OPINIONS. Had they said, "Soldier X used to eat puppies, hiissssss", then there'd be a case, but they didn't.

This case was decided based on emotions rather than legal reasoning, and will almost certainly be appealed and overturned. Freedom of expression is non-negotiable in a free society, especially when the opinions being expressed are unpopular.
Freeman15
 
  1  
Reply Fri 2 Nov, 2007 10:17 am
@aaronssongs,
aaronssongs;43994 wrote:
nope. looks like justice prevailed...cheese to go with your "sour grapes"?


You just don't know how to be civil do you? I've been trying REALLY hard, maybe you could do the same?

Read my response to Silver's post and you'll see how justice was NOT served in this case.
Silverchild79
 
  1  
Reply Fri 2 Nov, 2007 10:34 am
@Freeman15,
Freeman15;44002 wrote:
In order for a lawsuit to be legally valid a tort must have been committed. "Tort" is defined as "a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. "

In the common law system alone, you're right, slander would be a civil wrong and thus be considered a tort, but we live under a constitutional common law system in which judicial action is restrained by formal boundaries. I was wrong when I said SCOTUS was against me here, as in 1974 in Gertz v. Robert Welch Inc., SCOTUS found that negative opinions could not be considered libel, only falsified facts. Since slander is the spoken version of libel, we can conclude that the OPINIONS of the demonstrators, while demented, are not slander, and therefore, no tort exists. They claim that God hates America and is punishing us for our sins with the Iraq war, and they also hate gays. These are OPINIONS. Had they said, "Soldier X used to eat puppies, hiissssss", then there'd be a case, but they didn't.

This case was decided based on emotions rather than legal reasoning, and will almost certainly be appealed and overturned. Freedom of expression is non-negotiable in a free society, especially when the opinions being expressed are unpopular.


nope, it is a tort. Under our system slander is protected if 1 the victim is a celebrity or public figure, 2 it's satire, or 3 "absence of malice" or basically it's the truth. Even then it's subject to a court ruling to determine.

You're talking to somebody who took Journalism in school, I understand liable and slander inside and out. Maybe it's not a tort under your interpretation of the Constitution, but it is under the courts and that's where justice is handed out.
 

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