The Importance Of Unprotected Speech

God hates fags; wherever political debate and the insane notion that homosexuals are people too go, these words, and Westboro Baptist Church in tow, follow. Numerous attempts at dousing the inflammatory and offensive speech have been made. These attempts so far have been stopped because of the double-edged sword of the Bill of Rights. Although the Westboro Baptist Church’s actions are a reprehensible example of American cultural detritus, their actions do not constitute unprotected speech as they are largely devoid of actionable content. In recent years, unprotected speech has come into the spotlight. Unprotected speech is any thing said or done that is not considered constitutional despite the first amendment of the constitution, which states that Congress shall make no law respecting an

Do they inflict quantifiable injury? In Snyder v Phelps, the Supreme court ruled that protests can used for torts of distress. Essentially, the emotional costs of their speech aren’t subject to lawsuits of any kind, despite that they can drive their targets to suicide with a constant stream of god hates you and you are going to hell. In the case of Hustler Magazine v Falwell, there must be malice and the presentation of untruths as facts to constitute emotional damages. In the case of Westboro Baptist Church, there is neither. Westboro Baptist Church’s remarks and demonstrations may be distasteful, abhorrent, loathsome, and contemptible, but they are in no way unprotected speech, or are they subject to action against them for their speech. They have done no quantifiable injury, nor unlawful act, they have hated. The same protections that are supposed to afford members of the LGBTQ community the ability to exist peacefully provide Westboro Baptist Church the legal protections to spread contempt. All that can be done is wait for time to show them as the vile organization as they are, and a lesson to be learned