I don't think any man made law has priority over reverence for the dead. The law is artificial. It exists in a specific place for a specific time. You missed my reference to the family.
Free speech in the US is not based on what a reasonable and well informed man would think.
Would think about what? That there is no line to cross. A reasonable and well informed man can tolerate many extreme opinions being expressed but knows there's a line to be crossed which is rarely considered because it is not crossed. You're saying that the law regarding a matter such as this can be decided theoretically by legal bigwigs against the bone-marrow feeling of 300 million people. That there is no line. That's a function of innocence or cynicism. After reading and seeing Judge Jones I suspect the-----er---er----well-----which do I suspect. I'm not sure which is worse.
In what way does the term "free speech" differ now between how it was used in the Constitution. Originally I assume it meant free discourse among the educated classes and the composers of the document. Why did it take 15 years to get Joyce's Ulysses freely published in the US? What's the fuss about Wikileaks all about?
" I disapprove of what you say, but I will defend to the death your right to say it" just sounds good. It's a load of bollocks. I wouldn't offer a hair on my head for the WBC's right to spew that shite. You would defend that lot to the death for it!!!??? Goodness gracious me. I bet not one of the 8 judges could say that in public without everybody falling about laughing. We would be in the trenches I suppose.
I see a case in the sense that the American mission is to set aside nature including human nature. It is to be not only unashamed of the air-conditioned nightmare but to revel in it and be prepared to go all the way till the wheels fall off and burn. And the 8 judges see themselves as leaving a legacy to their replacements which enable them to become the oligarchs of the law and take over. Deciding where the bright white line is to be drawn when they are offering to defend to the death that there is no bright white line at all. Is that not incoherent or am I sober?
What does the Army think about the decision of the USSC?
And what is Justice Roberts' claim worth except to say that he's wobbly? That's like the executioner making a fine speech about the innocence of the victim and then hanging her.