ACLU looking to protect speech in lawsuit
May 12, 2013
Freedom of speech is a right that every American cherishes. It was adopted on December 15, 1791, where it was added to the onstitution of the United States.
“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.”
There have been many cases throughout the years where freedom of speech has been involved. One recent case is the class action lawsuit involving the American Civil Liberties Union of Iowa [ACLU] and the Westboro Baptist Church of Topeka, Kansas.
According to a press release the Westboro Baptist Church seeks to “defend their freedom of expression and religion from law enforcement officials who persist in enforcing Iowa’s unconstitutional flag desecration statutes.”
Randall Wilson, Legal Director for the ACLU is representing Margie, Elizabeth, and Timothy Phelps, of the Westboro Baptist Church, in the case.
“The Westboro Baptist Church members of course picket and demonstrate across the country and their religious beliefs include the conviction that the US flag has become an idolatrous symbol and the nation is out of touch with God or crossways to God,” Wilson said.
“The ACLU and the Westboro Baptist Church agree on freedom of speech but we are diametrically opposed to many other issues. But we have no problem with representing them here, because to protect freedom of speech you’ve got to be willing to defend speech that others would like to suppress.”
In protest, the members of the Westboro Baptist Church do many things that express their freedom of speech.
“They frequently use the flag in ways that would be considered disrespectful. They drag it on the ground… they fly it upside down. So the upshot of that is that they are running up against flag desecration laws across the country in attempts to enforce those against them,” Wilson said.
However, not everyone agrees with the actions of the Westboro Church members.
“Honestly, I think people should not concern themselves in the slightest with what the Westboro people do, since they are attention-seekers who intentionally do outrageous things to get media coverage,” said Frank LoMonte, Executive Director for the Student Press Law Center.
LoMonte does believe that Westboro are within their rights of freedom of speech but by the same token, they are getting noticed in the wrong way.
“Destroying American flags is a singularly ineffective way of winning public support. It actively repels people. The tactic always backfires on the speaker, as I’m sure it does with Westboro,” LoMonte said.
“There really is no type of disrespect for, or mistreatment of, a flag that a government agency can penalize, because the First Amendment allows people to engage in even highly offensive speech.”
In respects to a college university, free speech is encouraged. Students, staff, and faculty alike can participate in expressing themselves freely on campus.
“The common public areas of a state university campus, like the sidewalks and lawns, are recognized as “public forums” where the right to engage in speech without government interference is at its very highest point,” LoMonte said.
Freedom of speech, expressed in the Constitution of the United States is a right that all Americans have, and in a way, the people are limitless in what they can say and do under that right.