Sydney M. Williams

Thought of the Day

“The Supreme Court – Support for the Unrighteous”

March 3, 2011

In June, 1954, as the Army-McCarthy hearings were coming to a close, Joseph Welch, head counsel for the U.S. Army (and law school classmate of my father-in-law), responded to Senator McCarthy who had invoked, in violation of a previous understanding, the name of a young attorney working in Mr. Welch’s law firm, Hale and Dorr in Boston. The young attorney, while in law school, had joined the Lawyer’s Guild, an organization named a Communist front group by J. Edgar Hoover. With his name splashed before a nationwide television audience, the young attorney’s career was put at risk. As Senator McCarthy persisted in his personal persecution of this individual, Mr. Welch finally had enough: “You’ve done enough. Have you no decency, sir, at long last? Have you left no sense of decency?”

I was reminded of that scene yesterday when the Supreme Court decided in favor of the Westboro Baptist Church, in a case that pitted the right of free speech against the right of privacy. Albert Snyder, the father of a marine killed in Iraq, sued the church for invasion of privacy and emotional distress. Protestors at the funeral, led by Pastor Fred Phelps of the Westboro Church, carried signs that with hateful messages: “God hates you,” “You are going to Hell,” and “Thank God for dead soldiers.”

The Supreme Court was placed in the unenviable position of having to support the First Amendment rights of an obnoxious group that has chosen to protest the funerals of members of the military, as an organization that is tolerant of homosexuality. Chief Justice John Roberts wrote the 8-1 majority opinion, stating: “Westboro’s funeral picketing is certainly hurtful and its contribution to public discourse may be negligible,” but they demonstrated on public property “in a peaceful manner in full compliance with the guidance of local officials.” “As a nation,” Justice Roberts went on, “we have chosen a different course – to protect even hurtful speech on public issues to ensure that we do not stifle public debate.” Despite Justice Samuel Alito’s eloquent dissent, the Court had no choice, in my uneducated opinion, to rule any other way.

Decency cannot be legislated. It is a condition derived from sensibilities that we learn from our parents, teachers and others who influence us. It is learned not only by instruction, but by example. Unfortunately, in my opinion, manners, the parent of decency, have become victims of political correctness.

As a society, we have moved away from small, everyday examples of respect and politeness. It is unfortunate, for such acts are reflective of a civilized society. I recall introducing my then girlfriend (now my wife) to my eighty-nine year old grandfather almost fifty years ago. He stood as she came into the room. Opening doors for women or pulling out a chair are not antifeminist; they are merely expressions of respect. Giving up a seat to an elderly person is simply good manners. Small acts of kindness, politeness and respect make life more civilized and pleasant.

We now live in an environment that has become all about “me.” In doing so, we have lost an element of decency that might have shamed even a man like Phelps. But, perhaps not. People like him are consumed with hate and they care nothing of the sensitivities of those they hurt. Words and signs can be hurtful, as Albert Snyder surely knows. It is sad, but a price we pay to live in a great democracy is to put up with such savages.

The Court did the right thing, in this instance and in my opinion, in affirming the right of free speech, but that does not justify Phelps’ message, nor make him an honorable person. From all indications, he is a hateful man, a disbarred lawyer, who has a phobia against gays and who is insensitive to the feelings of others, as he spreads his messages of loathing. The same question could be asked of him, as Mr. Welch asked of Senator McCarthy fifty-seven years ago: “Have you left no sense of decency?”