First off, Westboro Baptist Church had permission from the police and were given a distance for how far away they should stand from the funeral. Adding on, the Church left the funeral before it began and according to the Sean Gregory, Albert Snyder was not able to make out what the signs held by the seven Westboro protesters were saying until after the funeral when it was aired on TV. Another reason for favoring the Church is that they are able to have any political and religious belief they please (Brandenburg vs. Ohio). .Lastly, one point that Snyder argued was that the protest caused emotional and physical distress, and his doctors proved that his diabetes had worsened. The reasoning for the worsen in diabetes is most likely due to the actual death of his son, Lance Corporal Matthew …show more content…
Ohio, Virginia v. Black and Texas vs. Johnson, helped me determine my decision. In the Brandenburg vs. Ohio case, Brandenburg, a KKK leader was convicted under the Ohio syndicalism law for stating things such as "Bury the niggers","Send the Jews back to Israel", and "Freedom for the whites”. As horrible as this might seem the court ruled that the Ohio law violated Brandenburg’s right to free speech. Similar to Westboro Church, both were simply exercising their First Amendment right. In the Virginia vs. Black case, Barry Black, Richard Elliott, and Jonathan O'Mara were all convicted (separately) of violating a Virginia law which states that any person(s) who intend to intimidate another person or group by burning a cross on property of another. The Court found that Virginia's statute against cross burning is unconstitutional. Similar to the Church, the defendants were expressing their belief. Lastly, in the Texas vs. Johnson case, Gregory Lee Johnson burned an American flag in a act of protest against President Reagan. After being fined $2000, and being sentenced to a year in jail the case went to the Supreme Court. The Court ruled that the act of burning a flag was protected expression under the First