STAFF ED: Protecting free speech outweighs silencing hate speech

According to authorities, at a 2007 protest in Bellevue, Neb., Shirley Phelps-Roper wore an American flag as a skirt, letting it drag on the ground as she walked. Phelps-Roper also allowed her 10-year-old son to stand on an American flag as part of the demonstration outside of a National Guardsman’s funeral.

Phelps-Roper and other members of her church travel across the country to stage such protests, which often center around anti-gay messages.

Phelps-Roper is facing criminal charges for her actions in Bellevue. In response, she filed a lawsuit claiming Nebraska’s protest laws are unconstitutional. Now state attorneys are trying to dismiss her suit while continuing their criminal case.

As much as we hate to admit it, Phelps-Roper is right. As disgusting and ignorant as their views are, Westboro members have the right to protest in any peaceful way they want — even to the point of standing on a flag.

It might seem backward, but desecrating a flag can be an extremely patriotic act. What’s more patriotic than exercising one of the key rights that makes America so free? Free speech and free expression of all opinions, even the most detestable opinions, are fundamental to American ideas of freedom. Saying that people can’t protest in certain ways or can only protest certain things starts down a slippery slope toward restriction of free speech.

So while Phelps-Roper is about as backward as a person can get, she knows her rights. If Nebraska’s law can prosecute her for flag desecration, it should be repealed on First Amendment grounds.

While it is admirable and logical to want to block Phelps-Roper from protesting at funerals, remember that free speech is more important. And, rather than censoring speech you don’t like, try exercising your First Amendment right to protest against it.

opinion@dailynebraskan.com

• Facebook Comments
• Site Comments

3 comments

Anonymous

Wed Feb 17 2010 11:21

I am surprised that the Nebraska Department of Children's Services didn't get involved in this case. There department is so over funded and over staffed with Autocratic Zealots who have taken parents to court alleging all sorts of bogus charges for a lot less than this parent who was offending the family of a Nebraska Citizen who paid the ultimate price for his country as a fallen soldier.

The employees of the Nebraska Department of Children's Services including their Director couldn't pass a 5th grade level test on the Declaration of Independence, Federalist Papers, The Constitution or the Bill of Rights.

You are absolutely correct about freedom of speech in your Opinion piece. I must remind you however that The Daily Nebraskan especially the Online Version practices selective control of free speech as a matter of policy.

I can't begin to tell you how many times I have seen well written comments that contradict your newspapers views that have been accepted and then later deleted from your WEB site.

Don't protest to hard when you live in GLASS HOUSES!

levy

Wed Feb 17 2010 10:00

The Phelps family and their church is simply a consortium of attorneys performing a social experiment. Do not let them get to you.

Anonymous

Wed Feb 17 2010 01:16

“It might seem backward, but desecrating a flag can be an extremely patriotic act” - - Ok, I will exercise my 1st Amendment right. You are absolutely wrong. An extremely patriotic act is to stand by doing nothing, blood boiling, and watching someone like Shirley Phelps-Roper desecrate the flag at a vet’s funeral. We all honor the principal that the flag she spits on represents. You lose Shirley, because it is the principal, not the symbol, that really counts. You’re still an ass and the really patriotic people are the ones who watch you and allow you to do your dirt.
CSULB Student (linked through Daily 49er)

Add comment


I am not posting spam. I understand posting spam or other comments that are unrelated to this article will cause my comment to be flagged for deletion and possibly cause my IP address to be permanently banned from this server.

Enter the characters in the image above:

log out