When people's rights collide

One would think that it would be a First Amendment right for a church to picket people they consider to be sinful, involving both freedom of speech and freedom of religion. And even though their message may be bigoted, anti-Catholic, anti-Jewish, and anti-gay, that does not change things. But what if the people being picketed are grieving widows, orphans, and other relatives of a dead soldier, at the funeral which is supposed to give them some little comfort in their grief? Certainly society has an obligation to them to protect them from harassment, doesn't it?

This is the issue that just came before the Supreme Court, as Snyder v. Phelps.

This is a very difficult case. It is clear, from the questions asked by the Justices, that they are likely to rule against the church (which apparently consists entirely of Phelps' relatives). And it is very hard to fault either side. I strongly believe in the First Amendment, but as I have said in the principles that rule this blog: "Freedom of the individual should be as total as possible, limited only by the fact that nobody should be free to cause physical injury to another, or to deprive another person of his freedoms." Now, Phelps has not exactly been causing Snyder physical injury, though the emotional injury has certainly been grave. And it does appear that Phelps has been depriving Snyder of his freedoms in a sense, though the Constitution does not speak of a right to grieve one's dead (unless it's considered, like the right to privacy, a corollary of the Ninth Amendment). So this is very hard for me to call. Both sides have a case.

No matter how the Supreme Court rules, there will be people who will bitterly protest the decision. And no matter which way the decision is, these protestors will have a valid point.