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Father of dead marine ordered to pay legal fees of crazy protesters

post #1 of 60
Thread Starter 
W-T-F-?!?!?!?!?!?!?!?!

http://www.huffingtonpost.com/2010/0..._n_517614.html



Quote:

BALTIMORE — Lawyers for the father of a Marine who died in Iraq say a court has ordered him to pay legal costs for the anti-gay protesters who picketed his son's funeral.

The protesters are led by Fred Phelps of Westboro Baptist Church. Albert Snyder of York, Pa., had won a $5 million verdict against Phelps, but it was thrown out on appeal.

On Friday, the Court of Appeals for the Fourth Circuit in Maryland ordered Snyder to pay the costs of Phelps' appeal.

The U.S. Supreme Court agreed earlier this month to consider whether the protesters' provocative messages, which include phrases like "Thank God for dead soldiers," are protected by the First Amendment.

Lawyers say Snyder already is struggling to come up with the fees associated with filing the brief with the high court.
post #2 of 60
I'd refuse to pay just to find out if there is a judge in this country who'd send me to jail over it. What BS
post #3 of 60
So what you're saying is: go to Westboro Baptist Church and hang out in the bushes until the "opportune moment?"
post #4 of 60
That's all kinds of fucked up.
post #5 of 60
Christ, if only Omar were still here.
post #6 of 60
There has to be more to this.
post #7 of 60
Thread Starter 
A little more detail on what is happening here;

Father of dead soldier ordered to pay Westboro Baptists $16k in ongoing court fight

http://network.nationalpost.com/NP/b...urt-fight.aspx
post #8 of 60
Free speech, ElCapitan. The kind you believe Ann Coulter is entitled to.

Sucks, doesn't it?
post #9 of 60
Thread Starter 
I like how in that other thread you made that little unfounded "well if it was somebody insulting his race he would complain" statement and never answered my request for backing that up. Just want to make sure we put that little context there, because I thought it was pretty dishonorable of you to do that.

On this, my first issue is the fact that the father has to pay for their legal fees. As indicated by the second article I linked to, this is because the father is engaged in a legal battle with that family. I think it is outrageous that he has to pay for their legal fees, even if it is legally justified.

As for what this has to do with my comments on the Coulter/Canada issue ... I'm not really sure how you are comparing this (I assume you don't either since you didn't bother to say so). If I put that into context then, no I don't think they should be jailed for "hate crimes" for being idiots in the first place. They have every right to espouse their horrible opinions and express them.

That was my point on that thread.

Now taking things a bit further, I don't think these people should be allowed to enter cemetery grounds to protest what are private ceremonies. My guess is that they don't do this and hang around the entrance of the cemeteries (not sure)? Then things get a little murky and I guess that's why the Supreme Court is hearing this case.

In the end these people are horrible, but I don't think they should be jailed for their horrible opinions. As to actually crashing funerals, I would hope people could make a case to put restraining orders against them, because these are not public events and I don't see how you have a right to picket private events this way (imagine them showing up in front of your house and picket while you celebrate your kids birthday party).
post #10 of 60
I wish there was a proper hell for Phelps. I really can't imagine a broiling pit of pain and suffering that's good enough for him and his revolting "congregation".
post #11 of 60
Aren't there laws where free speech isn't protected when directed toward an individual in a potentially hurtful manner? The signs aren't specifically directed toward the family, but the intent certainly is.
post #12 of 60
In other news: being a cunt is easier and less costly in this world than not being one. Now, back to the ongoing TEA Party protest--which has major sponsorship from a conglomerate--outside of the criminally underfunded rural health care clinic with a largely volunteer staff.
post #13 of 60
Thread Starter 
Quote:
Originally Posted by Scott View Post
Aren't there laws where free speech isn't protected when directed toward an individual in a potentially hurtful manner? The signs aren't specifically directed toward the family, but the intent certainly is.
That seems to be the main argument being considered by the court, as always from the really good scotusblog.com ...

http://www.scotusblog.com/2010/03/co...ts/#more-17263

Quote:
The funeral picketing case (Snyder v. Phelps, et al., 09-751) focuses on a significant question of First Amendment law: the degree of constitutional protection given to remarks that a private person made about another private person, occurring outside the site of a private event. The family of the dead soldier had won a verdict before a jury, but that was overturned by the Fourth Circuit Court, finding that the signs displayed at the funeral in western Maryland and later comments on an anti-gay website were protected speech. The petition for review seeks the Court’s protection for families attending a funeral from “unwanted” remarks or displays by protesters.
snip ...

Quote:
The soldier’s father, Albert Snyder, sued the Rev. Phelps, his daughters and the Westboro Church under Maryland state law, and won a $5 million verdict based on three claims: intrusion into a secluded event, intentional infliction of emotional distress, and civil conspiracy. (The verdict included $2.9 million for compensatory damages and $2.1 million for punitive damages; the punitive award had been reduced from $8 million by the trial judge.) The Fourth Circuit Court overturned the verdict, concluding that the protesters’ speech was protected by the First Amendment because it was only a form of hyperbole, not an assertion of actual facts about the soldier or his family. While finding that the Phelps’ remarks were “utterly distasteful,” the Circuit Court said they involved matters of public concern, including the issue of homosexuality in the military and the political and moral conduct of the United States and its citizens.
Quote:
In Albert Snyder’s appeal, his lawyers argued that the Supreme Court’s protection of speech about public issues, especially the Justices’ 1988 decision in Hustler Magazine v. Falwell, does not apply “to private individuals versus private individuals.” If it does apply, the petition said, “the victimized private individual is left without recourse.” The Circuit Court decision, it added, encourages private individuals to use hyperbolic language to gain constitutional protection “even if that language is targeted at another private individual at a private, religious funeral.”
post #14 of 60
What a crock of shit. What's to stop me from going to one of their protests with a sign that reads, "FRED PHELPS SUCKS GOD'S VEINY DICK DAILY"? That's pretty fucking hyperbolic.
post #15 of 60
My point with you in the Coulter Does Canada (Ann, The Man, A plan, Canada!) thread was that, in almost all the instances that come up about this type of thing, you can afford the cool and objective pragmatism (I'll call it what you feel it is, centrist. As opposed to the kneejerk label, fencesitter. Or the more passionate, instigator.) because none of this really effects you or yours in any direct manner. Now, of course, I could be completely wrong and you are laboring under an existance marked by racial hostility from these quarters at nearly every turn. I'm inclined to doubt that as you took your two daughters to a Palin rally as example of the way 'the politcal system in our country works'. If these extremers were a source of discomfort for you, it would have hardly made sense.

I don't know about dishonor, but as far as Coulter and the endless semantic gymnastics required to discuss her rationally, I had no interest in the topic any further. I still don't feel there is anything useful to say concerning her or her trip. It was not an attempt to snub you. Now, I can be theatrical, and maybe even a little rough - but one thing I am not, is a snubber.

I like you and, contrary to how it may seem, I envy your cool with some of these topics. For a good deal of these discussions, I come with my hackles already half up. I'm more inclined to boil over from a cursory passionate take than calmly reason it all out first and see where the crux of concern is. (A little trick I learned from Abe Lincoln is to write up my post, stare at it, save it to wordpad and wait then rewrite or modify it. 99% of the time I produce a more subdued, less inciteful(?) and thoughtful post.)


Quote:
Originally Posted by ElCapitanAmerica View Post
Now taking things a bit further, I don't think these people should be allowed to enter cemetery grounds to protest what are private ceremonies. My guess is that they don't do this and hang around the entrance of the cemeteries (not sure)? Then things get a little murky and I guess that's why the Supreme Court is hearing this case.

In the end these people are horrible, but I don't think they should be jailed for their horrible opinions. As to actually crashing funerals, I would hope people could make a case to put restraining orders against them, because these are not public events and I don't see how you have a right to picket private events this way (imagine them showing up in front of your house and picket while you celebrate your kids birthday party).
I don't think they should be jailed, either. But the idea that the father is being held responsible for their court costs is beyond the pale. I'm astonished at the way this has unfolded. It's almost as if the court (that overturned the decision) has never heard of these guys.

This would have been the perfect opportunity to make that case for restraining measures that you mention. That's the first step. Then these guys overstep that, which you absolutely know they would do, and the next level of effort is put in place. It's that first step that's crucial. Of course, it sounds for all the world like the 'slippery slope' that concerns the civil rights minded. And it should. Every effort to curb hate, violence, bigotry and rights violations smacks of it. It's an unavoidable byproduct of the act of progressing.

We're in a jam with these folks. It would be fabulous to simply turn the tables and hector, picket and moon these assholes at their private matters, but they'd welcome the attention. They've even got us there! Trusting to the proven dysfuntional supreme court doesn't make me warm inside, either.

I have to repeat my sentiment from earlier. Sucks, doesn't it.
post #16 of 60
God bless Free Speech.

U-S-A! U-S-A! U-S-A!
post #17 of 60
Seriously, I hope it goes to the Supreme Court.
post #18 of 60
Quote:
Originally Posted by Martin Savage View Post
Seriously, I hope it goes to the Supreme Court.
No, you don't.
post #19 of 60
Thread Starter 
Quote:
Originally Posted by Martin Savage View Post
Seriously, I hope it goes to the Supreme Court.
???
post #20 of 60
Doesn't your fucked up justice system allows cases to go the the highest circles?
post #21 of 60
Thread Starter 
Quote:
Originally Posted by Martin Savage View Post
Doesn't your fucked up justice system allows cases to go the the highest circles?
I mean, if this was a long page, or this was posted on another page ...

Post#13 ...
http://chud.com/forum/showpost.php?p...1&postcount=13
post #22 of 60
Martin, you're forgetting that the Supreme Court is packed with 4 people who agree with these scumbags on substantive issues and that it always sides with the bully in arguments.

I'd just like to point out that that tendency is exactly why then-Senator Obama voted against confirming Roberts. It would be nice to see a President Obama with the balls to call out the lobbyists and conservatives on both sides of the aisle like that.
post #23 of 60
Quote:
Originally Posted by ElCapitanAmerica View Post
I mean, if this was a long page, or this was posted on another page ...

Post#13 ...
http://chud.com/forum/showpost.php?p...1&postcount=13

I'm sorry. I made an habit of skipping over most of your posts.

It's a reflex, honest.
post #24 of 60
Thread Starter 
Quote:
Originally Posted by Martin Savage View Post
I'm sorry. I made an habit of skipping over most of your posts.

It's a reflex, honest.


Another interesting blog post discussing the legal aspects of this case, in this instance, defending the 4th circuit's decision to reverse the $5 million penalty against Phelps.

http://volokh.com/tag/snyder-v-phelps/

Quote:
The Fourth Circuit essentially concluded that, at least where speech on matters of public concern is involved (see pp. 25–26), the First Amendment precludes liability based on “statements on matters of public concern that fail to contain a ‘provably false factual connotation’” (see pp. 16–20). This applies not just to libel liability, but also liability for intentional infliction of emotional distress and intrusion upon seclusion (the specific form of invasion of privacy alleged here). If the speech fits within “one of the categorical exclusions from First Amendment protection, such as those for obscenity or “fighting words’” (p. 18 n.12) it might be actionable. But if it’s outside those exceptions, then it can’t form the basis for an intentional infliction of emotional distress or intrusion upon seclusion lawsuit — regardless of whether it’s “offensive and shocking,” or whether it constitutes “intentional, reckless, or extreme and outrageous conduct causing ... severe emotional distress” (p. 23).

I think the Fourth Circuit was quite right, for the reasons that I give in today’s other posts on the case. In particular, the decision helps forestall similar liability for other allegedly outrageously offensive speech, such as display of the Mohammed cartoons (or other restrictions on such speech, such as campus speech codes’ being applied to punish display of the cartoons).
I think the distinction between this and the Mohammed cartoons is that those were published on a newspaper and were not directed at a family, so I don't really think this comparison holds water.

A more relevant one would be I guess picketers against the Scientology Church I guess ... (which we used to have a lot here in Clearwater).
post #25 of 60
Quote:
Originally Posted by Scott View Post
Aren't there laws where free speech isn't protected when directed toward an individual in a potentially hurtful manner? The signs aren't specifically directed toward the family, but the intent certainly is.
Wouldn't internet forums/talkbacks implode if this were the case?
post #26 of 60
Quote:
Originally Posted by ElCapitanAmerica View Post

On this, my first issue is the fact that the father has to pay for their legal fees. As indicated by the second article I linked to, this is because the father is engaged in a legal battle with that family. I think it is outrageous that he has to pay for their legal fees, even if it is legally justified.
To give some perspective, as a lawyer I think that this is the only reasonable way to determine who has to carry the legal fees. Over here it seems to be the same principle (from what I can gather at first glance), meaning that the defeated party has to carry the fees inasmuch they "lost" in relation to what was the value of the claim. Granted it is easier to determine in civil law than public or constitutional law, but that is pretty much the only "fair" solution. At least in the formally way to cause and effect of the case - Not the case itself as in this matter.

To derail a bit: Do you have a capping of sorts on the legal fees the defeated party has to pay, as to the "reasonable fees" or something? Because otherwise it seems that your legal system, or more precisely the costs of high end lawyers, can shift the balance of this system towards failure.
post #27 of 60
Quote:
Originally Posted by ElCapitanAmerica View Post
Oh I saw the link and everything (and some of your links ARE interesting), but since most of the shit you write is retarded, I have to gloss over the majority of it. I may lose a some of the intelligent rambling you do, but it's better that way.
post #28 of 60
Thread Starter 
Quote:
Originally Posted by Martin Savage View Post
Oh I saw the link and everything
Thanks for your contributions to this discussion, and your arguments in advocacy for not reading and not informing yourself on current issues. If there was ever an image of a town drunk, stumbling around aimlessly in a virtual space, you've provided the perfect example. Bravo!
post #29 of 60
Thread Starter 
Quote:
Originally Posted by Jan View Post
To give some perspective, as a lawyer I think that this is the only reasonable way to determine who has to carry the legal fees. Over here it seems to be the same principle (from what I can gather at first glance), meaning that the defeated party has to carry the fees inasmuch they "lost" in relation to what was the value of the claim. Granted it is easier to determine in civil law than public or constitutional law, but that is pretty much the only "fair" solution. At least in the formally way to cause and effect of the case - Not the case itself as in this matter.

To derail a bit: Do you have a capping of sorts on the legal fees the defeated party has to pay, as to the "reasonable fees" or something? Because otherwise it seems that your legal system, or more precisely the costs of high end lawyers, can shift the balance of this system towards failure.
I have no idea. I know in most of the European system, the losing party has to pay legal fees, but I thought that wasn't the case in the US which is another thing that surprised me about this ruling.

I'm also guessing that he won't have to pay until his case is heard at the Supreme Court?

We have a couple of lawyer types here at CHUD, hoping they can comment on that because it's not clear to me.
post #30 of 60
Every time Phelps and his crew of merry fucktards come up in a news cycle a little something dies inside me. I've got my fingers crossed that it's my sense of smell this time, and not the last fucking shred of my hope for humanity.
post #31 of 60
Thread Starter 
BTW I thought he actually had somewhat of a congregation, but it seems that it's mostly only his family.
post #32 of 60
Just a question; is there anything this guy can do now after this retarded judgement?
post #33 of 60
Quick question:

Anyone know if forced upon sodomy or male rape mean hell and damnation to the "victim" as well in Phelps book?
Just asking.
post #34 of 60
Hey, Cap, in between Palin rallies and fence-sitting, watch the documentary about Fred Phelps that came out a few years back.

There are very few people on this earth that I wish dead. Fred Phelps is one of them.

Also, wasn't there a bill passed to prevent Phelps and others from protesting military funerals? Am I wrong about that, or just stupid today?
post #35 of 60
Thread Starter 
Quote:
Originally Posted by RathBandu View Post
Hey, Cap, in between Palin rallies and fence-sitting, watch the documentary about Fred Phelps that came out, then come back in here and say that the father of a dead marine having to pay his legal fees isn't all kinds of fucked up.
Where did I say it wasn't?

Also, what "fence-sitting" are you talking about, specially in this context. Do people read threads anymore?

As for the Palin rallies, I also went to McCain, Biden, Clinton and 2 Obama ones, what is your point?
post #36 of 60
Quote:
Originally Posted by RathBandu View Post
Hey, Cap, in between Palin rallies and fence-sitting, watch the documentary about Fred Phelps that came out a few years back.
Is that the Louis Throux one?
post #37 of 60
Thread Starter 
Quote:
Originally Posted by RathBandu View Post
Also, wasn't there a bill passed to prevent Phelps and others from protesting military funerals? Am I wrong about that, or just stupid today?
Read the thread.
post #38 of 60
Okay, I did read the thread, which is why I edited my post. Second, I'm with soylent -- your cool in these situations can be incredibly frustrating, especially for those of us who have a more passionate belief in gay rights and other issues that you bring up. Much of the time, it seems like you can't make up your mind.

That being said, I agree with you about the free speech issue but that still doesn't change the fact Fred Phelps needs to die.
post #39 of 60
Also, this is the law I was talking about: http://en.wikipedia.org/wiki/Respect...len_Heroes_Act
post #40 of 60
Thread Starter 
Quote:
Originally Posted by RathBandu View Post
Second, I'm with soylent -- your cool in these situations can be incredibly frustrating, especially for those of us who have a more passionate belief in gay rights
I don't know what to say about this, maybe I should use more profanity or wish other people die? The funny thing is that I;

1) Brought up the issue to your and other's attention
2) Made it clear in the title of the thread and the first post what my position is
3) Didn't even post the "other side" of the argument until soylent did what you just did here.

By the way on (3), I did post the argument from Volok's blog that says this is a good decision because I think intelligent arguments on both sides of the issue here are interesting (at least to me). I disagree with his comparison about the Mohamad cartoons, but I thought it was a point worth bringing up for everybody's attention.

Also, this guy is a stringent anti-Catholic of the worse kind, read his signs. I'm also sure he's not pro-immigrant, so to say that I'm a dispassionate observer that doesn't know how hurtful this junk is a is a bit myopic if not enterely unfair.

Quote:
and other issues that you bring up. Much of the time, it seems like you can't make up your mind.
Can you tell me what are these numerous issues that I bring up that I can't make up my mind? I thought I was pretty clear on the free speech issues we've been talking about, on health care reform, on what is going on in Latin America ... maybe you can help me here because I don't know what you are referring to.
post #41 of 60
I'm in a terrible mood and picking on you unnecessarily. Ignore everything I said.
post #42 of 60
Quote:
Originally Posted by ElCapitanAmerica View Post
We have a couple of lawyer types here at CHUD, hoping they can comment on that because it's not clear to me.
In the United States, clients are--as a general rule--required to pay their own freight. In other words, you are generally responsible for the attorney fees generated in enforcing your rights. The general exceptions to this are as follows: (1) the opposing party acts in such bad faith or so vexatiously that they should be sanctioned; (2) the parties have previously agreed that the losing party should bear the costs of the suit; or (3) there is statutory authority for awarding the winning party its attorney fees.

I'd have to look more closely at the Phelps case to explain what happened there.
post #43 of 60
this is my opinion about the subject.

i really do believe that these religious assholes do have the right to protest in the fashion that they are doing.

however. i also believe that the family of the dead soldiers have every right to go and beat the shit out of those people while their protesting the funeral. no questions asked. whats fair is fair. these protestors cant have their cake and eat it too.

its funny cause i listen to all the retarded assholes like glen beck, hannity, and O'Reilly talk about missing the "good ole' days" i always rolled my eyes. but every once in a while they're right. we need a little of the good ole days so that these people can have some sense beat into them and all of society can look at each other, nod and say, "well, they had it coming."
post #44 of 60
I checked the case's status on Westlaw. Apparently, the Supreme Court granted certiorari on March 8, 2010. So, it's going up.
post #45 of 60
Quote:
Originally Posted by Mattioli View Post
In the United States, clients are--as a general rule--required to pay their own freight. In other words, you are generally responsible for the attorney fees generated in enforcing your rights. The general exceptions to this are as follows: (1) the opposing party acts in such bad faith or so vexatiously that they should be sanctioned; (2) the parties have previously agreed that the losing party should bear the costs of the suit; or (3) there is statutory authority for awarding the winning party its attorney fees.

I'd have to look more closely at the Phelps case to explain what happened there.
I'm about to read the opinion, too. I can't fathom why attorney's fees are justified here, based on the story as presented in the media.

Oddly, and maybe my skills aren't up to par for this kind of research, but I can't find the opinion on Lexis or Pacer.
post #46 of 60
Quote:
Originally Posted by Mattioli View Post
I checked the case's status on Westlaw. Apparently, the Supreme Court granted certiorari on March 8, 2010. So, it's going up.
Fuck. Fuck. Fuck. Nothing good can come of this. Nothing. Fuck. (Why can't people just refuse to appeal to that level until at least a few of the crazier fuckers die? Why? It's like the public is begging these cunts to write bad case law.)
post #47 of 60
Looks Bill O'Reilly has agreed to pay the entire bill.
post #48 of 60
Just came in to post the same thing. This leaves me sooooo conflicted.
On one hand, what a great thing to do. On the other....O'Reilly.
post #49 of 60
Nothing unites people like a common enemy
post #50 of 60
Funny. With this Tea Bagger movement accelerating, and with Glenn Beck being it's Lonesome Rhodes, I said this: "Remember back in the day when we had cool, calm, considerate talking heads like Bill O'Reilly? I miss those days."

Scary part?

I MEANT IT.
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