Today the Supreme Court rendered its decision in Snyder v Phelps, et al. On face value, many of us find it repugnant that Westboro has emerged as the winner here. As discussed on the front page, the Court is taking a "quantity over quality approach" to interpreting the First Amendment.
And I believe the Supreme Court is right. The decision notes that laws establishing "free speech zones" or "buffer areas" such as Maryland's law about restricting the distance a picketer can protest a funeral are not affected because of the ruling.
So the Court said that Westboro has the right to do what it does, but that states have the right to keep them a certain distance away--presumably where they can be ignored.
All well and good. And some here may agree with Justice Alito in his dissent. After all, he states that it was the intent of Westboro to cause emotional harm to the Snyder family, and that the Westboro crowd are extremely malicious in nature.
Then he writes something in his dissent that set off a LOT of warning bells:
And although this Court has not decided the question, I think it is clear that the First Amendment does not entirely preclude liability for the intentional infliction of emotional distress by means of speech.
Think about this statement, and then apply it to a situation where roles are reversed--a group protesting and heckling a group of Tea People, for example.
Or heckling the Koch Brothers.
Does anyone have any doubt that the Roberts Court would agree with Alito in those situations? That the First Amendment can be restricted for "emotional distress by means of speech"?
That Republicans would immediately tamp down on all "leftist" websites, broadcasts, networks, etc, because they "cause emotional distress with their hate speech"?
In his dissent today, Samuel Alito just inadvertently showed us the playbook for the upcoming Republican/Fascist takeover of the United States.
We've seen it in Wisconsin and Ohio.
We've seen it in the House of Representatives.
We see it nightly on Fox
We hear it daily on Rush, Hannity, and Beck.
And now we see a glimpse of it in the Supreme Court.