Monday, October 05, 2009
Ain't It the Truth!
Essentially, the court found that the Phelps' rantings are just that -- "loose, figurative, or hyperbolic language not connoting actual facts" – and, therefore, constitutionally protected speech. That doesn't mean the court was happy about the result:
To paraphrase our distinguished colleague Judge Hall, judges defending the Constitution "must sometimes share [their] foxhole with scoundrels of every sort, but to abandon the post because of the poor company is to sell freedom cheaply. It is a fair summary of history to say that the safeguards of liberty have often been forged in controversies involving not very nice people."