I’ve made it clear that I despise the Phelps Phamily Phreaks of Westboro Baptist “Church”. I think their message is one to be despised. That said, I still support and respect their rights under the First Amendment, something that has put me at odds with a number of my fellow conservatives (and even some liberals) when it comes to the actions of the appeals court in the Snyder case.

I came across an article today that I think makes the point all the more clear about how, from a legal and constitutional standpoint, Fred Phelps and his morally retarded family cult are legally and constitutionally in the right in this case.

Westboro contacted police before its protest, which was conducted in a designated area on public land — 1,000 feet from the church where the Mass was held in Westminster, Md. The protesters — Phelps and six family members — broke no laws. Snyder knew they were present, but he did not see their signs or hear their statements until he turned on the news at his son's wake.

This protest didn’t happen outside the church door or at the graveside. It did not involve trespassing. Moreover, it happened at t time and place designated by the authorities for the group to assemble and protest a couple of blocks away from the funeral. What’s more, the Snyder family was only exposed to the group’s message when they made the choice to watch the news, rather than being confronted by angry protesters blocking their path too and from the church. So while we may despise the Phucking Phelps Phreaks, it is impossible to conclude anything other than that they complied with every expectation that a free society could legitimately demand of them, no matter how despicable their message.

Now interestingly enough, the one place where Snyder might be able to succeed is in a suit for libel and slander against the group for statements made directly about him and his wife – though even that is questionable, given the religious nature of the assertion that they had taught their son to “defy their creator”.

UPDATE: A different take from a blogger I respect.