LEGAL, CRUEL, AND DANGEROUS

Lance Corporal Matthew Snyder, just 20 years old,  was killed in Iraq on March 3, 2006, while serving his country.  On March 10, 2006,  his grieving family and friends were emotionally assaulted by some people calling themselves Christians, who used Matthew’s funeral as an occasion to garner  publicity for themselves and their homophobic vitriol.  They picketed the funeral with signs saying things like “Thank God for dead soldiers.” and “Fag troops.”  (Incidents like this are the reason that the Patriot Riders attend military funerals, as they did Brian’s, at his parents’ request, to stand as a buffer between any picketers and those grieving the fallen.)

The group  then followed up by posting messages on the Web accusing the Snyder parents of raising their son “for the devil.”    Matthew’s father sued the “church” sponsoring the demonstration and Web posting and was originally awarded millions in damages for invasion of privacy and intentional infliction of emotional distress.  However, just days ago, an appeals court overturned the award, saying the picketers’ cruelty was protected free speech.

Much as I might deplore the picketers’ message and tactics, I at least can follow the logic of that part of the Court ruling.  (You can find most of the judge’s actual opinion at  http://pacer.ca4.uscourts.gov/opinion.pdf/081026.P.pdf )  What left me stunned, however, was the reports that the Court also ruled that Matthew’s father has to reimburse the picketers for their court costs!

Again, I can totally understand a judge ruling that way when a suit has been brought frivolously, but there was nothing spurious or frivolous about the issues here.   Freedom of speech — and limits on it.  The right to assemble peacefully.  Privacy.  Legal protection for private individuals defamed by others.  Etc.  In fact, the Supreme Court has agreed to hear Al Snyder’s appeal.  (For analysis of the issues, go to:  http://www.concurringopinions.com/archives/2010/03/snyder-v-phelps-intentional-infliction-of-emotional-distress-and-the-first-amendment.htmla , and for a nice summary of recent legal cases bearing on these issues, go to:  http://www.scotusblog.com/2010/03/court-to-rule-on-funeral-pickets/.)

I didn’t see any mention of court costs in the ruling I read online, so maybe this wasn’t the judges’ decision but the result of a general Maryland law that anyone losing a lawsuit must pay the opposing side’s legal fees??  (I’d appreciate anyone’s clarifying this for me.)  In any case, it’s appalling, as indicated by the fact that the picketers’ side are gloating that Mr. Snyder is now in the position of having to finance more demonstrations at other military funerals.

The case has certainly lit up the internet, and I am far from the first blogger to comment.  But, what astonishes me is how alike these demonstrators’ mentality is to that of the Al Quaeda suicide bombers, including those on 9/11.  They believe that ANY action serving their religious beliefs is justified, no matter who gets hurt or how.    They believe they are doing God’s work.  They believe their faith DEMANDS that they act as they do.   No rational argument can reach them because they “know” the Truth and anyone who disagrees with them immediately and automatically becomes an agent of Satan.

We are not helpless, however.  Mr. Snyder has established a fund for those wishing to help him financially (https://co.clickandpledge.com/sp/d1/default.aspx?wid=33691).   I certainly sent a donation and am very pleased by reports that many others have as well.   This is also one of those moments of choice:  Our outrage is so intense that the urge to retaliate in kind (with insults, cruelty, etc.) is strong.   But, if we do, we’ve become just like them (There was an old comic strip character, Pogo, who said, “I have seen the enemy and he is us.”)  Instead, we must rebuke them by choosing the Good.   Demonstrate what true Christian behavior is.  Comfort the sick and sorrowful.    Forgive as we hope to be forgiven.  And pray that the FBI is keeping a careful eye on these folks who are just one rationalization away from physical violence.

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