Leading constitutional scholars say the multimillion-dollar damages awarded this week to the father of a Marine killed in Iraq is likely to be overturned because the church members who protested at his son's funeral enjoy broad protection under the First Amendment.
On Wednesday, a jury in federal District Court in Baltimore found in favor of Albert Snyder, the Marine's father. Jurors unanimously agreed that the Snyders' privacy had been breached by members of Westboro Baptist Church, who assembled on public property in Westminster on March 10, 2006, and waved anti-gay signs.
As mourners for Lance Cpl. Matthew A. Snyder drove by, members of the fundamentalist Christian church based in Topeka, Kan., held up signs, including one reading, "Thank God for dead soldiers." They contend that the deaths are punishment for America's tolerance of homosexuality and of gays in the military.
The $10.9 million verdict marked the first successful civil claim against Westboro, whose congregants have picketed at military funerals across the country.
But First Amendment experts expressed doubt whether the verdict against Westboro would survive review by the U.S. Court of Appeals for the 4th Circuit, in Richmond, Va.
"I have spoken to a number of First Amendment attorneys today, and every one of them believes the case will be reversed and should be reversed," said Ronald K.L. Collins of the First Amendment Center in Washington.
Three adults and four children from Westboro picketed the Snyder funeral. Westboro lawyers contend that the demonstration, about 1,000 feet from St. John Roman Catholic Church, took place legally.
Albert Snyder, who lives in York, Pa., testified that news coverage of the protest -- he did not see the demonstrators' signs on the day of the funeral -- deeply disturbed him and deepened his depression over the loss of his only son.
Matthew Snyder, 20, a 2003 graduate of Westminster High School, was killed in a vehicle accident in Anbar province in March 2006.
Snyder's sexual preference was not an issue at the trial; his father said his son was not gay. Church members said they did not target Snyder's funeral because of his sexual preference; they were there to oppose gays in the military.
Rodney A. Smolla, dean of the Washington and Lee University School of Law in Lexington, Va., said Westboro members have a constitutional right to express their religious beliefs, but that case law is less definitive about the protections afforded to grieving families.
