It’s early afternoon as a line of cars makes its way to a cemetery. People gather around an open grave. A heavy casket, draped with a colorful flag, is shouldered and carried slowly to the grave by six young men in uniform. Their faces wear a solemn, set expression that does not quite hide their sorrow. Ancient words of comfort and committal are spoken by a spiritual leader, in accordance with the beliefs of those assembled. Shots ring out, a salute is rendered, there is the unbearably poignant sound of “Taps.” The flag is carefully, precisely, lovingly folded. It is presented to a spouse, a father, or a mother with the thanks of a grateful nation. Another soldier has been laid to rest in a timeless ceremony intended to honor the fallen and to comfort and thank the bereaved.
Now turn your imagination to a small town in the mountains of West Virginia. Families and friends gather, crushed under the weight of a terrible anxiety. There has been an accident at the local mine. Businesses on the main street have put out signs that say “Pray for Our Miners.” Everyone is waiting, watching, praying. The news for twenty-five families will not be good. After several desperate days, it is time to comfort the families and bury those who have died.
Next imagine any funeral anywhere. Perhaps someone famous has died – a controversial rock star, an equally controversial preacher. Perhaps it is someone who has gained notoriety simply by the manner of their death such as a young college girl whose life has been taken by a murderer.
Imagine these very different, but equally solemn, occasions marred by loud-mouthed, filth-spewing, screaming lunatics. They do everything they can to enforce their message of hate on people gathered for a higher purpose. They are shrill, and their language is scandalous to decent people. So is their appearance–they wear clothing that most decent adults confine to their swimming pools or gymnasiums. Even their innocent children are lisping hatred they cannot possibly understand, taught to them by unfit, hateful parents. Variations of this hideous scene have confronted many bereaved families–most, but not all, connected to the military. It has marred celebrity funerals as divergent as those of Jerry Falwell and Michael Jackson. It has been present at scenes of tragedy or sorrow, public and private, all over the United States. It is the Westboro Hatemongers. (I know they style themselves as “Baptists.” I know a few Baptists, and I don’t think their denomination should be stained by these people. These are the “God Hates Fags” people.) If you want to know what the Devil looks like, look into the contorted face of one of these people.
The scene was re-enacted a couple of years ago at the funeral of Lance Corporal Matthew Snyder. It must have been unimaginably terrible. The father of the young Marine decided to try to put a stop to the flood of verbal sewage. He sued the hate-mongers on the grounds that they conspired to intimidate and harm the gathered family and friends. He did this not only for himself but on behalf of every bereaved family, everywhere in the United States. A jury agreed with him and awarded a substantial judgment. Now that verdict has been set aside, and Corporal Snyder’s bereaved and angry father is preparing to have the case heard by the U.S. Supreme Court. No matter what the outcome is, the actual occasion can never be re-created.
Yes, we have a First Amendment. Yes, the Constitution guarantees us the right to free speech and to peaceable assembly. It’s equally true that for many years, various governments have enacted laws that might impinge on that right. The classic example is that of yelling “Fire!” in a crowded theater. There are noise ordinances, crowd control ordinances, and any number of forms of expression that are NOT protected by the First Amendment. Child pornography is a good example. False advertising, libel, slander, treason: None of these is protected by our First Amendment.
Surely there are lawmakers well enough versed in the subtleties and intricacies of our law, respectful of our Constitution, and dedicated to justice. Surely they can assist us in crafting carefully-considered, thoughtful laws that will protect the bereaved from the egregious outbursts of hate groups while conforming to our rights under the First Amendment. I’ve chosen to write this on Memorial Day because the death of a soldier in war affects all of us. It bereaves a family, and it ought to grieve us as a nation. We should require our lawmakers to find ways to protect everyone–public citizens, celebrities, private individuals, and especially soldiers–from having their final rites turned into circuses of hate.




