Dad of slain Marine ordered to pay Phelps.

#2
#2
I don't have a problem with this. Free Speech is Free Speech whether its in good taste or not. If this happened to me would I be pissed? You bet I would, but my not liking what some religious nut job says isn't a good reason for me to shut them up. Since he lost his case and Kansas has a loser pays policy, it makes sense.
 
#4
#4
I'm not saying that I approve of the protests going on during his funeral. But we either have free speech or we don't. Obviously if it was my kid my judgment would be clouded and I couldn't take a logical view at this. But since it isn't my kid I can look and say were the protests despicable? Yes. Did they break the law? No. Therefore he loses and he pays.
 
#5
#5
what was being appealed?

nvm found it

Snyder had won a $5 million lawsuit against the church in 2007, claiming the protest was an invasion of privacy and caused his family emotional distress. But the decision was reversed last fall on appeal, saying the protest is protected by free speech rights. It is the costs from that appeal that Snyder must now pay.
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#6
#6
i understand that, and i just took it that you were on the side of the protesters. i understand the whole free speech, i was just sayin i would've been put in jail for assault if that was my kid
 
#7
#7
lumberjack4 said:
I don't have a problem with this. Free Speech is Free Speech whether its in good taste or not. If this happened to me would I be pissed? You bet I would, but my not liking what some religious nut job says isn't a good reason for me to shut them up. Since he lost his case and Kansas has a loser pays policy, it makes sense.
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I didn't realize you were such a legal beagle.

The article I linked said the court didn't give reasons for it's decision.

Do you think the trial was in Kansas??

I don't think the funeral was.

If the case were in federal court what would Kansas law have to do with anything???

The main problem was the appeal court turning over the original decision.

The funeral was a private affair, Phelps and his band of loonies were NOT invited.

Just because I have first amendment rights that doesn't give me the right to come into your home and spout off my views.

I think you are about half cocked and half baked in all the hasty conclusions you so readily jump to.
 
#8
#8
My bad I assumed the case was in Kansas, instead it was in the Fourth Circuit Appeals Court.

The Federal Rules of Appellate Procedure Rule 39
Rule 39. Costs
(a) Against Whom Assessed.

The following rules apply unless the law provides or the court orders otherwise:
(1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;
(2) if a judgment is affirmed, costs are taxed against the appellant;
(3) if a judgment is reversed, costs are taxed against the appellee;
(4) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.
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While a funeral is a private affair, this crazy church was on public property crashing the funeral, not in the procession (big legal difference).
 
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#9
#9
lumberjack4 said:
My bad I assumed the case was in Kansas, instead it was in the Fourth Circuit Appeals Court.

The Federal Rules of Appellate Procedure Rule 39


While a funeral is a private affair, this crazy church was on public property crashing the funeral, not in the procession (big legal difference).
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That's a bit better.

I don't know if I would call them a church, a cult seems to be a more accurate term.

If they were on cemetary property then they were on private rather than public property.

If it were me and a higher court doesn't reverse the ruling then I would pay them off in hot lead, same goes for their attorneys.

If the federal government can send our young men off to Afghanistan to fight for rather nebulous and even dubious reasons, then I would think they could do something to prevent this sort of outrage happening to our fallen heros.

Bottom line is they could if they wanted to but in reality they could care less.
 
#10
#10
lumberjack4 said:
I'm not saying that I approve of the protests going on during his funeral. But we either have free speech or we don't. Obviously if it was my kid my judgment would be clouded and I couldn't take a logical view at this. But since it isn't my kid I can look and say were the protests despicable? Yes. Did they break the law? No. Therefore he loses and he pays.
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There is a time and place for everything, including your freedom to protest. That wasn't it, no matter what the law or the judge says.
 
#11
#11
BeecherVol said:
There is a time and place for everything, including your freedom to protest. That wasn't it, no matter what the law or the judge says.
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Don't remember seeing that in the Constitution
Posted via VolNation Mobile
 
#13
#13
utvolpj said:
Don't remember seeing that in the Constitution
Posted via VolNation Mobile
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My point was, there is a time and place to protest what you believe. Common sense should tell you that was not a good place. I guess that is too much to expect anymore.

Could it been done at a different time? Or was that the best time to do it.

I don't have a problem with their constitutional right, until it steps into these bounds.
 
#14
#14
The Phelps family does not protest to get their message heard. At least four of their family members ARE the lawyers and that's their agenda. They are looking to incite action from those they protest in order to sue them in court.

Any money donated to Snyder will just be given to the Phelps family.
 
#15
#15
BeecherVol said:
My point was, there is a time and place to protest what you believe. Common sense should tell you that was not a good place. I guess that is too much to expect anymore.

Could it been done at a different time? Or was that the best time to do it.

I don't have a problem with their constitutional right, until it steps into these bounds.
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Yes, common sense should dictate how one uses their freedoms, not the big hand of government. And suing Phelps $5 million for 'emotional damages' is laughable.
 
#22
#22
crazyguy said:
that was pretty interesting....it explains a lot. seems like nate is pretty much screwed up for life.
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He seems to be doing better now and for that I say more power to him. I agree that any hope of a real relationship with God was most likely ruined ruined by a megalomaniac, his father.
 
#23
#23
BeecherVol said:
There is a time and place for everything, including your freedom to protest. That wasn't it, no matter what the law or the judge says.
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Exactly, if Phelps and company had any decentcy whatsoever they would find somewhere else to demonstrate.

These grieving families don't determine defense policy anyway.

Stupid is as stupid does.

lumberjack4 said:
Yes, common sense should dictate how one uses their freedoms, not the big hand of government. And suing Phelps $5 million for 'emotional damages' is laughable.
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Snyder may have taken action in order to prevent other families having to endure such nonsense.

I don't think it's laughable at all.

Without any news coverage it is difficult to determine just what judge made this ruling and there should have been some legalese as to how the court arrived at it's determination to overturn the lower court's ruling.

vol_in_il said:
Looks like the Patriot Riders, we're screening the protesters from the funeral
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Another group that supports our servicemen is 'Rolling Thunder'.

The Hells Angels club was founded by WWII combat servicemen.

May Phelp's silly little so-called church should get a visit one Sunday morning.
 
#24
#24
If those scums of the earth were doing that at my son's funeral, they may as well start digging more graves immediately.
 
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