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The story

Communication 1080 Group C Hate Speech Presented by: Cayla Egbert, Jenny Hallisey, Kathleen Harris, Ryan Harward, Andrew Johnson, Cale Berg, And Daniel Cameron. The story. In 2006 a soldier called to fight in a foreign land dies.

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The story

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  1. Communication 1080Group CHate SpeechPresented by: Cayla Egbert, Jenny Hallisey, Kathleen Harris, Ryan Harward, Andrew Johnson, Cale Berg, And Daniel Cameron

  2. The story In 2006 a soldier called to fight in a foreign land dies. The family of this man is devastated at the news and begins the preparations for the funeral. The dreaded day finally arrives to bury their son, brother, and friend.

  3. The story continued As the funeral party is on their way to the church, protesters were waving signs that say: “God hates you”, “Fag Troops”, “You're going to hell”, “Semper fi Fags”, “God hates Fags”, “America is doomed”, and finally “Thank God for Dead Soldiers”.

  4. The story continued The family was appalled at the disregard for their son’s memory and their privacy. Finding out who these protesters were, the family filed a lawsuit against them in civil court.

  5. Aggressive Communication or Hate Speech? (n.d.). Retrieved from http://www.godhatesfags.com/photos/index.html

  6. On March 10, 2006, Westboro Baptist Church in Westminster Maryland, picketed the funeral of U.S. Marine Lance Corporal Snyder, who was killed in a non-combat-related vehicle accident in Iraq on March 3, 2006 (Wikipedia) (n.d.). Retrieved from http://www.godhatesfags.com/photos/index.html

  7. "Picketing took place on public land approximately 1,000 feet from the church where the funeral was held... peacefully displaying signs stating: “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests Rape Boys,” and “You're Going to Hell” for about 30 minutes before the funeral began (Roberts) (n.d.). Retrieved from http://www.godhatesfags.com/photos/index.html

  8. The Lawsuit Al Snyder vs. Fred Phelps, Westboro Baptist Church (WBC) and two of Phelps's daughters, Rebekah Phelps-Davis and Shirley Phelps Roper

  9. Westboro Baptist Church (WBC) “… They believe that ‘God hates America’ because they believe the United States supports homosexuality… anyone who fights and dies to protect and preserve America and its rights is evil. … They express hated for many other religions, minorities, and even children!” (Snyder)

  10. WBC continued It is what they believe and testified in court. They're just spreading the message that American soldiers are dying because the United States is too tolerant of Homosexuals. (Report, 2007)

  11. WBC continued • Westboro Baptist Church also posted an essay on its website www.godhatesfags.com entitled "The Burden of Marine Lance Cpl. Matthew A. Snyder." In the essay, statements indicated that Albert and his wife “raised [Matthew] for the devil,” “RIPPED that body apart and taught Matthew to defy his Creator, to divorce, and to commit adultery,” “taught him how to support the largest pedophile machine in the history of the entire world, the Roman Catholic monstrosity,” and “taught Matthew to be an idolator.”

  12. The Snyder Family The Snyder family claimed that it was an intrusion on what should have been a solemn and private ceremony; the protester’s presence there sullied the memory of that day. (Report, 2007)

  13. Snyder Family Continued They were also claiming “defamation, intrusion upon seclusion, publicity given to private life, intentional infliction of emotional distress and civil conspiracy against Mr. Phelps (director) and certain members of the so-called Westboro Baptist Church” (Snyder)

  14. The Verdict • October 31, 2007, the jury awarded Snyder's father • $2.9 million in compensatory damages • $6 million in for invasion of privacy • $2 million for causing emotional distress • (a total of $10.9 million). • The Phelps’ stated that the church would not change its message because of the verdict.

  15. The First Appeal On February 4, 2008, Judge Bennett upheld the verdict but reduced the $8 million for privacy and distress down to $2.1 million, considering the resources of WBC. The total judgment then stood at $5 million. Liens were put in place against WBC and it’s holdings

  16. The Second Appeal September 24, 2009 The Fourth Circuit Court of Appeals reversed the verdict of 5 million ruling that the lower court asked the jury to decide a question of law rather than fact. The appellate court found that Phelps' speech (both website and picketing) are protected by the First Amendment

  17. The Second Appeal Continued It also stated that the protest signs and language on WBC's website were rhetorical hyperbole and figurative expression, rather than assertions of fact, and so were a form of protected speech

  18. What was the result? After years in court... On March 30, 2010, Albert Snyder was to pay the court costs for the defendants(WBC), an amount totaling $16,510. Political commentator Bill O'Reilly stepped in and agreed to cover the costs, pending appeal.

  19. Recap Westboro Baptist Church pastor and founder Fred Phelps and members of his congregation profess that, God kills soldiers in Iraq and Afghanistan as punishment for America's tolerance of homosexuality. The church has gained notoriety for staging protests at the funerals of U.S. soldiers in order to draw attention to its message.

  20. Recap Continued The Fourth Circuit Court reversal was appropriate for the fact that it could open a slippery slide of infringing on the First amendment rights of U.S. Citizens

  21. Hate Speech What is it?

  22. How do we define hate speech? Under Utah law hate speech is only attached as a secondary crime. This means that one must be performing a crime and simultaneously address the victims in a derogatory and hateful way while committing the crime in order for it to be deemed hate speech.

  23. How do the Police define it? • In an interview with an officer of the Salt Lake City Police Department he indicated that Hate Speech is a tricky situation. No crime is committed in the use of derogatory language. However, if a threat is attached… Examples: • “I’m going to kill a _________.” this is a terroristic threat and therefore a crime. • In contrast one could say “I wish all ________ were dead” and this is not a crime.

  24. Remedy orResolution

  25. Remedy or Resolution: conflict There are several issues here: • Should Westboro Baptist Church be allowed to express their views at or near services held for fallen soldiers? • What are the rights of the families of the soldiers that are being protested? • How can we protect the rights of both parties?

  26. Remedy or Resolution: recommendation There are better ways to protest the government’s stand on issues rather then blaming those that risk their lives in the protection of that right they so freely express, or to yell profanities at the parents of small children who did nothing but attend a school. Fighting against other religions because they chose not to express their viewpoints like WBC, no matter how much common ground and viewpoints they share.

  27. Conclusion You have two parties; one views god is punishing soldiers by letting them die in combat because America’s tolerance of homosexuality. The other is in the view that Men and Women who serve are doing it for country, family, and rights and if they do not return the families of those fallen should be given respect to be left alone to grieve their loss. What rights should be protected in this situation? The Westboro Baptist Church members are in the small minority on this one but according to the Appeal process they were found to be protected under the First Amendment. The majority of people would like to see this insensitivity stopped all together. The least that the majority could ask for is to have the followers of WBC try driving their message home in a different way and let the families like Lance Corporal Matthew Snyder and hundreds of other US military families grieve in private. If you lost a loved one in any capacity wouldn’t you want the same?

  28. What we learned as Individuals • -Andrew- What I was able to glean from this project was the laws of Utah and where the “Line” is. I was appalled how after gaining multiple verdicts in their favor had it all snatched away from them with the final verdict that placed them into debt. I found it impressive what Bill O'Reilly was willing to do, to pay the costs for the family. • -Jenny- I learned that freedom of speech will be defended at almost any cost. The injury our words create for others will be their problem, but if our hate-filled thoughts and words become or provoke actions there can be legal ramifications. I was also reminded that group projects are immensely challenging and frustrating. My control issues are all triggered because my grade is subject to how others perform. • -Ryan- What I took away from this project topic is that no matter how unjustified something may seem, from one's point of view and no matter if you're in the majority or minority, as long as you are within the Amendment rights you can do and say anything you want. Even if it is hurtful and coming from an ugly place. This was eye opening to me.

  29. What we learned as individuals Kathleen- I learned that no matter how much I feel something like picketing at funerals isn't ethically or morally right, it's their right to do so. I also have learned that even if I know it's their right to do so I can still disagree immensely. That is one of the great freedoms of this country, I can disagree openly with something that is legal and not be penalized for it.

  30. What we learned as a Group • Our group process was that of delegation. • It was very effective because people had a job to do and were able to get it done. • Communications sometimes was difficult, making sure everyone had a task to do. • We would make sure that everyone has a task/job up front.

  31. Bibliography American Bar Association retrieved on April 24, 2013 from http://www.americanbar.org/groups/public_education/initiatives_awards/students_in_action/debate_hate.html Case Number: 1:06-cv-1389-RDB (trial), 08-1026 (appeals) (n.d.). Retrieved from http://www.godhatesfags.com/photos/index.html http://www.dmlp.org/threats/snyder-v-phelps www.godhatesfags.com www.godhatesfags.com: The Burden of Marine Lance Cpl. Matthew A. Snyder

  32. Bibliography Continued http://www.law.cornell.edu/supct/html/09-751.ZS.html http://www.matthewsnyder.org/FAQ.html. (2013, April). Retrieved April 21, 2013, from Lance Cpl. Matthew A. Snyder: (n.d.). Retrieved from http://en.wikipedia.org/wiki/Snyder_v._Phelps report., T. A. (2007, October 31). Retrieved April 21, 2013, from http://www.nbcnews.com/id/21566280/ns/us_news-life/ Roberts, J. (n.d.). Retrieved from website: http://www.supremecourt.gov/opinions/10pdf/09-751.pdf Utah State Legislature, Retrieved on April 24, 2013 from http://le.utah.gov/code/TITLE76/htm/76_03_020304.htm

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