I think people have a mistaken idea about what the First Amendment grants them.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
This means that Congress (and by extension, the federal government) may not infringe you right of speech or religion.
However, this amendment makes absolutely no guarantees about anyone ELSE doing so.
(For the same reason, the fourth amendment protections against unjust search and siezure prevents the police from breaking into your home and using what they find there as evidence - but if somebody else breaks into your home, takes something out, and turns it over to the police, you have no defense, since it isn't the government doing it.)
And this cuts both ways. Phelps and his crew weren't violating the family's "first amendment religious rights" - but they also can't claim that what they did was OK because it fell under their own "first amendment religious and free speech rights" either. It's just a case of harassment, plain and simple.
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branchandroot
no subject
Date: 2007-11-02 04:56 am (UTC)"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
This means that Congress (and by extension, the federal government) may not infringe you right of speech or religion.
However, this amendment makes absolutely no guarantees about anyone ELSE doing so.
(For the same reason, the fourth amendment protections against unjust search and siezure prevents the police from breaking into your home and using what they find there as evidence - but if somebody else breaks into your home, takes something out, and turns it over to the police, you have no defense, since it isn't the government doing it.)
And this cuts both ways. Phelps and his crew weren't violating the family's "first amendment religious rights" - but they also can't claim that what they did was OK because it fell under their own "first amendment religious and free speech rights" either. It's just a case of harassment, plain and simple.