"Thank God for Dead Soldiers," ran a colourful poster held aloft by a devout Christian member of the gay hating Westboro Baptist Church in the US on April 11, 2006 (Alvarez, 2006, ¶ 2). Not surprisingly, this peculiar display of religiously inspired values by a very small and very nasty Christian group deeply upset and offended not only the parents of the young man killed on active duty in Iraq, who was being buried in the cemetery at the time, but the larger community; indeed, it is hard to imagine that any decent person would not be shocked at such ugly behaviour at such a time and place. But should it be banned, or was John Stewart Mill right to argue on his strictly practical grounds in
On Liberty that even such awful expressions of honestly held opinion must be protected for the protection of any and every healthy democracy (2002, p. 1 - 119)? In the debate over the scope, necessity and limits of citizens' rights to freedom of speech, the United States stands apart from almost every other nation in the consistency, sincerity and seriousness of its commitment to respecting and protecting this basic human right.
Shortly after their appearance at this funeral, the Westboro Baptist Church, who believe that the Christian god of the Holy Bible is killing American soldiers to punish the US for tolerating homosexuality, repeated their offensive anti-gay protest with the same colourful pickets at the funeral service of Matthew Snyder, also a US Marine who had been killed whilst serving his country in Iraq. This time, the outraged dead man's father decided to take legal action. Initially, the district court of Maryland found in favour of Albert Snyder and in 2008 awarded damages against Phelps and his church in excess of US 10 million dollars, although this was reduced to 5 million on appeal to the same court (Snyder v. Phelps, 2011). However, Phelps subsequently appealed the case to the Court of Appeals, which decided on First Amendment grounds guaranteeing free speech to American citizens that Phelps's protest was protected by the Constitution of the United States, and all damages against him and his church were therefore annulled.
This led Snyder to appeal the case to the US Supreme Court, who heard arguments in 2010 and gave their decision on March 11 this year in favour of the Court of Appeals and Phelps (Snyder v. Phelps, 2011). As Chief Justice Roberts makes clear in writing the opinion of the 8 - 1 majority decision, they decided it on the free speech protection provisions of the First Amendment of the US Constitution, which says that "Congress shall make no law .... abridging the freedom of speech". With only a single opposing vote, the Supreme Court of the US is unusually unified in its belief that the free speech of American citizens is very strongly protected under and by US law, probably far more so than for any other nation.
The same Supreme Court, although not the same justices, had also consistently struck down popular state laws that ban the burning or other desecration of the US flag (Texas v. Johnson, 1989), again, on First Amendment free speech grounds. Interestingly, in the opinion of the bare majority, Justice Brennan notes that someone who through laziness or indifference treated the US flag in way that he knew would cause offence with "no thought of expressing any idea" might be subject to prosecution without First Amendment protection (Part II, note 3). In response to this decision, there have been repeated attempts by the federal government to amend the US Constitution to explicitly exempt flag desecration from free speech protection under the First Amendment, the most nearly successful to date being George Bush's attempt in 2006, where the amendment stating that "the Congress shall have the power to prohibit the physical desecration of the flag of the United States" was passed by the House of Representatives and almost passed in the Senate (Hulse & Holusha, 2006).
The rest of the world, including most democracies, stand in marked contrast to the United States with its robust Constitution. Germany, for example, is very different even in its respect for academic freedom of speech. In 2007, the Holocaust denying Ernst Zuendel was given a 5 year jail sentence by a German court for peacefully expressing his opinion that entailed "denying that the Nazis killed six million Jews during World War II" (Jail for German, 2007, ¶ 2). More famously, and controversially, British historian David Irving was arrested in Austria, which closely follows its more powerful neighbour, and sentenced "to three years in prison for denying Nazi genocide" (Suellentrop, 2007, ¶ 1). A couple of months later, in April, the European Union (EU) passed legislation that provides jail terms for such speech in all EU member countries, albeit with the proviso that each nation's domestic laws take precedence over the EU law, which would also outlaw speech offensive to religion, such as the cartoons caricaturing Islam and Mohammed which were published in Denmark under the free speech protections of that nation's legal code.
As the violent or repressive legal and illegal reactions and responses to many peaceful expressions of honestly held belief show, symbols and beliefs that might seem trivial or to be mere superstition are also things that people will die for, as
Quest 3 reminds us in "Symbolic Systems and Meanings" (Hartmann & Blass, 2007, p. 16), and in many cases kill for; far more people in the US and elsewhere are certainly convinced that it is right and necessary to suppress free and open speech concerning such beliefs and symbols.
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Alvarez, L. (2006, April 17). Outrage at funeral protests pushes lawmakers to act.
The New York Times. Retrieved June 10, 2011 from
http://www.nytimes.com/2006/04/17/us/17picket.html?emc=eta1
Bilefsky, D. (2007, April 19). EU adopts measure outlawing Holocaust denial.
The New York Times. Retrieved June 10, 2011 from
http://www.nytimes.com/2007/04/19/world/europe/19iht-eu.4.5359640.html
Hartmann, P. & Blass, L. (2007).
Quest 3 Reading and Writing, (2
nd ed.). New York: McGraw-Hill.
Hulse, C. & Holusha, J. (2006, June 27). Amendment on flag burning fails by one vote in Senate.
The New York Times. Retrieved June 10, 2011 from
http://www.nytimes.com/2006/06/27/washington/27cnd-flag.html
Jail for German Holocaust denier. (2007, February 15).
BBC News. Retrieved June 10 from
http://news.bbc.co.uk/2/hi/europe/6364951.stm
Mill, J. (2002).
The Basic Writings of John Stuart Mill. New York: Modern Library.
Snyder v. Phelps, 562 U.S. ___ (2011). Retrieved June 10, 2011 from
http://www.supremecourt.gov/opinions/10pdf/09-751.pdf
Suellentrop, C. (2006, February 22). Free David Irving.
The New York Times. Retrieved June 10, 2011 from
http://opinionator.blogs.nytimes.com/2006/02/22/free-david-irving/
Texas v. Johnson, 491 U.S. 397 (1989). Retrieved June 10, 2011 from
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZO.html