Category: Death + the Law

Categories
Death + Popular Culture Death + the Law Death + the Web

Poor Dead Steve Jobs May Not Own His Dead Image

Who Owns Your Image After You Die?
On the Media (January 13, 2012)

Here’s a really interesting radio story by WNYC’s On the Media about what happens to an individual’s image after he or she dies. A Chinese toy manufacturer wants to create a Steve Jobs action figure. Apple successfully blocked a similar product in 2010 but may not be so lucky now that Jobs is deceased–with his “personality rights” with him.

steve1Add these concerns to the long list of postmortem digital media ownership rights. It also turns out that each state across America has different laws for handling these situations. The main interviewee for the story, Jeff Roberts, does a good job explaining how the state-by-state laws work.

Keep an eye on this story. As more and more of everything shifts to a digital format then the very idea of an “owned image” will be challenged.

Indeed, it’s a situation Steve Jobs helped create.

Categories
Death + Crime Death + the Economy Death + the Law

Prisoner Cemetery for the Unclaimed Dead in Texas

Texas Prisoner Burials Are a Gentle Touch in a Punitive System
Manny Fernandez, New York Times (January 05, 2012)
At a cemetery in Texas, murderers and other convicts whose bodies are unclaimed can be interred and, for a few moments, remembered.

Here’s a really interesting article on the cemetery used by Texas prison officials. These are for the unclaimed dead bodies of convicted prisoners, who are given a burial more respectful than you might expect out of this tough-on-crime state.

It reminds me of the post on Hart Island, where New York’s unclaimed dead bodies are buried.

I’d like to create an entire map of all unclaimed dead body cemeteries/repositories around the world. Welcome to 2012’s big project.

Captain Joe Byrd Cemetery TX DOC photo by Cranky Amy on Flickr

Categories
Death + Crime Death + the Economy Death + the Law Death Ethics

Cook County Gives Unclaimed Dead Bodies a Two Week Notice (sort of…)

Under Recent Policy, Cook County Begins Donating Unclaimed Bodies after 2 Weeks
Cadavers that are left in morgue are given to medical research
Becky Schlikerman, William Lee and Ronnie Reese, Chicago Tribune (October 04, 2011)

 

Medical Examiner: Families Who Object to Body Donation Can Opt for Burial
Becky Schlikerman, Chicago Tribune (October 05, 2011)

There was a bit of a dead body tug-of-war this week in Chicago. According to an October 4 article in the Chicago Tribune, any dead body left unclaimed for two weeks in the Medical Examiner’s office will be handed over to the Illinois Anatomical Gift Association.

But wait, that’s not totally true.

According to an October 5 article in the Chicago Tribune, the Medical Examiner’s office will not donate any unclaimed body to the Anatomical Gift Association when the ME’s office knows that the next-of-kin cannot afford to have the dead body claimed and the next-of-kin want a burial.

Here is the bigger issue in this story: the overall costs for retrieving a body from a Medical Examiner’s office have become too expensive for many families.

We started covering this situation in 2009, when the Death Reference Desk launched. You can look over all those previous posts in the Death + the Economy section.

More and more county morgues across America are dealing with not only unclaimed dead bodies, but unclaimed dead bodies and families who know exactly where said dead body is located but can’t afford to do anything about it.

As a result, the Cook County story is hardly surprising.

Given the economic difficulties more and more American families face, this story represents not an anomaly but the future.

For more on Medical Examiners and their work, watch the fantastic Frontline documentary Post Mortem: Death Investigation in America

Categories
Death + the Economy Death + the Law Death Ethics

The War On Death

Death and Budgets
David Brooks, New York Times (July 15, 2011)
Much of the budget mess may stem from a deep cultural antipathy toward recognizing our own mortality.

 

The Quagmire: How American Medicine is Destroying Itself
Daniel Callahan and Sherwin B. Nuland, The New Republic (July 15, 2011)

Since the American political system (read: mostly the Republican party) seems hell bent on watching the federal government go into default I thought that I would revisit a recent column by David Brooks in the New York Times. Earlier in July, Brooks wrote about spending on End-of-Life care and Medicare. For those who don’t understand the idiosyncrasies of the American health care system, Medicare is the medical insurance all US citizens receive at age 65. It’s a good program. Both my parents use it.

One of the financial issues that Medicare faces is that more and more people are living to be older than before. Well into their 80s. The extension of age, by itself, isn’t an issue. Where the problems begin are with medical costs soaring in the last few months of life.

The second article at the top, by Daniel Callahan and Sherwin B. Nuland (which Brooks references), explains the costs this way:

In a 2006 article, Harvard economist David Cutler and colleagues wrote, “Analyses focused on spending and on the increase in life expectancy beginning at 65 years of age showed that the incremental cost of an additional year of life rose from $46,800 in the 1970s to $145,000 in the 1990s. … If this trend continues in the elderly, the cost-effectiveness of medical care will continue to decrease at older ages.” Emory professor Kenneth Thorpe and colleagues, summing up some Medicare data, note that “more than half of beneficiaries are treated for five or more chronic conditions each year.” Among the elderly, the struggle against disease has begun to look like the trench warfare of World War I: little real progress in taking enemy territory but enormous economic and human cost in trying to do so.

One of the most important ways to address these cost issues is by talking about death and dying. The crux of David Brooks article is that:

…we think the budget mess is a squabble between partisans in Washington. But in large measure it’s about our inability to face death and our willingness as a nation to spend whatever it takes to push it just slightly over the horizon.

I agree. Callahan and Nuland also make a similar argument. Indeed, the Death Reference Desk ran a piece in August 2009 on exactly this issue: America and End-of-Life Care: Death, Dying, and Mortality.

 

In fact, most of the death with dignity posts on Death Ref deal with the question of death acceptance in one way or another.

So, what’s to be done. Until the US budget issues are sorted, not much. The first step, which isn’t easy by any means, is telling people that death is ok. Especially at the end of life, when compassionate care will go a long ways towards extending quality of life instead of fixating on the quantity of days.

Callahan and Nulland make a quick reference to the “…war against death” in their essay.

They are absolutely correct. A war is being fought against death, particularly in America.

And we modern humans will lose that war. Every single time.

Categories
Cemeteries Death + the Law Monuments + Memorials

Enter now the FBI into the Arlington Cemetery Debacle

Arlington Cemetery’s Mishandling of Remains Prompts FBI Criminal Probe
Jerry Markon and Christian Davenport, The Washington Post (June 29, 2011)
The Justice Department is investigating the mishandling of remains at Arlington National Cemetery in a broad criminal inquiry that is also seeking evidence of possible contracting fraud and falsification of records, people familiar with the investigation said Tuesday

I have no idea who is going to make the documentary film about the rise and fall of Arlington National Cemetery but it is going to be a long and complicated movie. Twists and turns will emerge from nowhere and then suddenly it will turn out that the FBI was investigating the whole situation.

At this point, nothing which emerges from the ongoing and unstoppable Arlington cemetery train wreck surprises me. Nothing. The Washington Post has been singlehandedly leading the charge on this case. Now we have FBI Agents, a federal grand jury handing out subpoenas, and increasingly obvious cases of multi-million dollar fraud.

Here’s the rub: it’s only going to get worse. That’s my guess after following this case since day one.

You can read all the previous Arlington Cemetery posts here.

The Death Reference Desk will of course follow this case until the end.

Categories
Death + the Law Death Ethics Grief + Mourning Suicide

Terry Pratchett and Assisted Dying in England

Terry Pratchett: Choosing to Die
BBC iPlayer (only available until 9:59PM Monday, June 20, 2011)

 

Terry Pratchett’s BBC Documentary Reopens Debate on Assisted Dying
Fantasy writer’s film shows final moments of a man with motor neurone disease at Dignitas clinic in Switzerland
Esther Addley, The Guardian (June 07, 2011)

 

Terry Pratchett Defends Choosing to Die Documentary from Critics
Critics round on writer and BBC for promoting assisted dying in film that included footage of man’s death at Dignitas clinic
Haroon Siddique, The Guardian (June 14, 2011)

 

TV Review: Terry Pratchett: Choosing to Die
When life is finally squeezed of all its juice, Terry Pratchett finds there’s tea on tap
Sam Wollaston, The Guardian (June 13, 2011)

I cried and cried towards the end of Terry Pratchett’s documentary on Assisted Dying. My tears arrived not at the end of the documentary, where Pratchett watches UK citizen Peter Smedley die in Switzerland at the Dignitas Clinic. Rather, I began to cry when the various individuals involved in this documentary started traveling to Switzerland. I can only explain my emotional response as tears of respect for Peter Smedley and his wife as he chose death over a physical life increasingly controlled by motor neurone disease.

The documentary, Terry Pratchett: Choosing to Die, was shown on BBC 2 Monday night and it created a week’s worth of commentary. Most of it predictably either for or against everything in the documentary.

Terry PratchettI do not know what to say any longer about the UK’s debate on Assisted Dying. Indeed, the Death Reference Desk has a number of pieces on Assisted Dying debates in both the UK and the United States. You can review all of those previous posts here. It’s worth noting, I think, that when Death Ref started in July 2009 some of the first posts were on the UK’s Assisted Dying debates.

 

Some pieces of that debate have changed but not significantly. The only anti-Assisted Dying argument that I will flag up as incorrect is the assertion that the deaths which people choose somehow diminish the value of hospice care. That is not true. Many many people choose hospice care at the End-of-Life and I wholeheartedly support that choice. But hospice care and End-of-Life care are different than choosing an Assisted Death. These things are related but they are not co-terminus. Advocates for both hospice care and assisted death often find themselves in televised debates but these same individuals are involved in entirely different kinds of conversations.

Most importantly, neither ‘side’ will ever agree. They just won’t. The best that anyone can work towards, I think, is a well regulated, extremely stringent law which both increases funding for hospice care and allows Assisted Dying. The model law is Oregon’s Death with Dignity Act.

Every year, the state of Oregon publishes an array of statistics which explain how the law was used the previous year. Here is the 2010 statistic that I think most people would benefit from knowing:

Most (96.9%) patients died at home; and most (92.6%) were enrolled in hospice care at time of death.

In fact, you can read all of the 2010 statistics here.

If you are in the UK, then you can still watch the documentary until Monday night for free on the BBC iPlayer.

If you are in the United States then I would suggest that you watch the Frontline documentary The Suicide Tourist. I discussed that documentary earlier this year and it is extremely good. It also follows a person to Dignitas who chooses to die.

Barring either of these options, I have embedded a short clip from Terry Pratchett’s documentary.

Rest assured, these conversations about Assisted Dying in the UK will continue.

Categories
Death + Technology Death + the Law Death Ethics Suicide

The Kevorkian Generation

Life After Kevorkian
He fought for the right to assisted suicide. Now what should we do with it?
William Saletan, Slate (June 3, 2011)

I am a member of the Kevorkian generation. Those of us in our mid-to-late thirties and onwards into our forties are usually called Generation X (for those who still remember the 1990s…) but I really think that we are Kevorkian’s kids.

Jack Kevorkian, who died last week, began assisting suicides in 1990. As soon as he started this work, debates began about the legality and ethics of assisted dying. I have distinct memories of these debates, which started during my high school years and carried on into college.

I and my peers came of age and entered adulthood surrounded by End-of-Life debates. Most people have mixed feelings about what Kevorkian did but at least he made people talk about death and dying. And those conversations have had an impact over the years.

Kevorkian-edit-021

So say what you will about Jack Kevorkian but he really contributed to a debate that informed an entire generation’s future. And as we all begin looking towards the End-of-Life for our own parents, I know that Jack Kevorkian’s influence will be felt.

The Slate article by William Saletan at the top is the best essay/article that I found after Kevorkian died.

Here is how Saletan concluded his piece and I wholeheartedly agreed with him point by point:

Kevorkian didn’t have the answers. But he raised the right questions. We can’t criticize his flaws, temper his ideas, and praise the hospice movement without acknowledging what he did. He forced an open conversation about the right to take your own life. Under what conditions, and within what limits, should that right be exercised? Even if it’s legal, is it moral? What do you do when a loved one wants to die? Kevorkian didn’t take those questions with him. He has left them to us.

The obituaries in both the Washington Post and the New York Times were also good.

What struck me most about Kevorkian’s death was how he died in the middle of a debate that he, alone, significantly pushed along.

This is also a debate that will most assuredly continue without him.

In mid-May, for example, large majorities of voters in Switzerland re-affirmed the right of individuals to choose an assisted death. The Swiss voters also (and more significantly) voted against proposals to ban citizens from other nations from using the Dignitas clinic, for example, to die.

Just this past week, the Personal Health columnist for the New York Times, Jane Brody, wrote a compelling column about New York Doctors who are not comfortable discussing End-of-Life decisions with their patients. Doctors in the state of New York are now required by law to discuss End-of-Life planning and some MD’s do not want to do it. The copy title for Brody’s column sums up the situation: Law on End-of-Life Care Rankles Doctors

And then last weekend, WNYC’s radio program On the Media ran a story on how the ‘Death Panels’ allegation used by opponents to President Obama’s health care law received press coverage which seemed to validate the absurdity of that claim.

I could go on and on with the examples. Indeed, a version of each of these stories has been previously covered by Meg, Kim, and myself since the Death Reference Desk began in 2009.

Here, then, is my point: Jack Kevorkian got an entire generation of young people, now in their mid-to-late thirties and soon to be in their late forties, thinking about dying, and in such a way that I can only hope it helps End-of-Life conversations with aging parents and elderly grandparents.

Jack Kevorkian didn’t inspire my generation, per se, but he played a much bigger role in our development than most people realize.

I will wrap everything up with a video obituary by the NewsHour on Public Television.

PBS NewsHour: Jack Kevorkian, Doctor who Brought Assisted Suicide to National Spotlight, Dies

Watch the full episode. See more PBS NewsHour.

Categories
Burial Death + Crime Death + Popular Culture Death + the Law Death Ethics

On the Death of Osama Bin Laden

Watery Grave, Murky Law
Leor Halevi, New York Times (May 08, 2011)
Osama bin Laden’s burial at sea and the history of Shariah.

 

Bin Laden Exits the Scene
On the Media, WNYC and National Public Radio (May 06, 2011)

It has been one week since President Obama announced that Osama Bin Laden was dead. I happened to be in New York City when the announcement was made so I immediately began taking stock of the entire situation. Within the annals of infamous dead bodies (Eva Peron, Hitler, Che Guevara, Mao, Lenin, etc.) Bin Laden’s corpse is an important specter for twenty-first century human history. I began collecting news articles on what exactly happened to Bin Laden’s dead body since I knew that controversy was sure to follow.

My first inkling that something was askew came on Monday morning when National Public Radio reported that Bin Laden received a sea burial with full Muslim funeral rites. I’m not a Muslim burial rites specialist but at no time have I ever read about a Muslim burial at sea. The Death Reference Desk has certainly covered contemporary (mostly American) Muslim burial practices and you can read that information here. But even the most contemporary, American Muslim traditions still hew to much older Islamic funeral traditions.

 

gaza-burial

Over the course of last week much back and forth ensued over what exactly happened to Bin Laden’s dead body and how, if at all, it conformed to Islamic funeral practices. Slate.com’s Explainer column posted one of the first good pieces on the entire concept: Bin Laden Sleeps With the Fishes. Central to what occurred was a choice by US Government Officials (I can only assume that this starts with President Obama) that burying Bin Laden anywhere would be problematic. This is a point that many people discussed so I won’t belabor it.

There is one place, however, that I imagine could be used for a “proper” burial and that is Guantanamo Bay. But even mentioning that scenario would create global havoc. That said, I bet money that Gitmo got mentioned by someone and then quickly passed over.

As a result, Osama Bin Laden’s dead body got put in the ocean because the United States wanted to get rid of it. I don’t think that the narrative is much more complicated than that. The use of Muslim funeral rites are nice but what happened to Bin Laden’s body was not a particularly Muslim burial.

Here’s the rub: that might not be a problem. In Sunday’s New York Times, Vanderbilt University history professor Leor Halevi wrote an a particularly good op/ed piece on this very topic, linked at the top of the page. Halevi’s article is the best that I have come across to date. Here’s the crux:

Bin Laden’s religious status is a matter of contention among Muslims. On one end of the spectrum are Muslims who consider him an outsider to Islam: if not quite an apostate, a terrorist whose right to an official Muslim prayer is debatable at best. (In 2005 the Islamic Commission of Spain essentially excommunicated Bin Laden, arguing that he should not be treated as a Muslim.) They must find it as perplexing as I do that the United States government granted the man it identified not as a Muslim, but as a “mass murderer of Muslims,” the dubious honor of a quasi-Islamic funeral.

 

On the other end are Muslims who believe that Bin Laden is now enjoying the blessings of martyrdom. From a theological perspective, it matters little to them how Americans on the aircraft carrier Carl Vinson disposed of the corpse.

 

Which is all to say that Bin Laden’s burial was doctrinally irrelevant to some Muslims, and confusing to others. Most of the rest feel uneasy. Perhaps the United States could not have avoided that. But a deeper understanding of the history of Islam’s sacred law could have prevented us from seeming so at sea.

Here is what I know for sure: by the middle of this coming week everyone in America will be talking about something else and that over time conversations will come and go, mostly amongst academics, on whether or not Osama Bin Laden got a proper funeral.

The more immediate political question focuses on whether or not the photo(s) of Bin Laden’s dead body should be released. This question, too, will go away by the middle of the week. The photos were not released now but they will surface in the future. How soon is an open question but we will eventually see the images.

The On The Media program at the top has several good radio segments on Bin Laden, his dead body, and the future of his memory.

I have a hunch that Meg, Kim, and I will be discussing Osama Bin Laden’s dead body again in the near future since America has a long history of dealing with the infamous dead and in ways that keep those infamous dead bodies very much alive.

Categories
Death + Crime Death + Technology Death + the Law Death + the Web Death Ethics

“What About Morals?”

A Victim, Her Picture and Facebook
Jim Dwyer, The New York Times (March 29, 2011)

Photo credit: Mark Musarella, Caroline Wimmer/SIlive.com
Photo credit: Mark Musarella, Caroline Wimmer/SIlive.com

An instant was all it took to post the photo.

The photo I am referring to is the one taken by Mark Musarella. In March of 2009, Musarella—a then retired police officer and EMT from Staten Island, NY—snapped a photo of the beaten and strangled body of Caroline Wimmer in her apartment and posted it to his Facebook page. While the photo was taken down fairly quickly, the implications—legal, sociological and moral—are still being sorted out to this day.

While Musarella’s motivations for taking the photo are unclear, his instantaneous ability to share it make it profoundly clear the frightening speed at which lives can be changed forever. Posting the photo to Facebook—even for the short time it was up—allowed the perpetrator, even unintentionally—to re-victimize a family still grieving for their murdered daughter.

The New York Times ran a story this past week about the crime and the Wimmer family’s attempt to sue Facebook to get the gruesome picture back or have it destroyed. In Facebook’s vernacular, the photo is considered “intellectual property”, although a Facebook spokesperson now claims that the photo was removed long ago with no other copies remaining on any of its servers.

But I wonder about that. Here’s a 2009 article from PC World about Facebook’s track record with user’s deleted photos and a more recent article via Arstechnica.com revealing a 16 month or more lag time. Facebook says it is “working with” its CDN [content delivery network] partner to “significantly reduce the amount of time that backup copies persist.” This is obviously of little comfort to the Wimmer family and precisely why, I imagine, they are suing.

More and more, society is grappling with issues around death and dying in a technological age. Crissy Chriscitiello, Caroline Wimmer’s sister, was quoted in the NY Times as saying, “Everyone is all about technology. “What about morals?” We here at Death Ref have been posting about the intersection of death and the digital life for a while. Take a look at our “death + technology” or “death + the web” categories to view past posts. This June, the Centre for Death & Society (Bath, U.K.) will host a conference titled “Death & Dying in the Digital Age”—at which our very own Dr. John Troyer will present. It will be an engaging conference—hope you can make it.

Categories
Cemeteries Death + the Law Funeral Industry

The Bereaved Consumer’s Bill of Rights Act of 2011

We’ve seen some pretty nasty cemetery abuses in recent months, from Burr Oak to Arlington. Nancy in Texas tipped off the Death Reference Desk about a new bill in the U.S. House of Representatives that will hopefully prevent some anguish and anger in the not-quite-as-horrifically-egregious-as-outright-corpse-abuse-scandal arena but the still important — and affecting many more Americans — area of consumer protection.

Introduced on March 3 by Bobby Rush, D-IL, the Bereaved Consumer’s Bill of Rights Act of 2011 (H.R.900) will institute protections for consumers from “unfair or deceptive acts or practices in the provision of funeral goods or services” (OpenCongress.org).

Read the full text of the bill here. The Funeral Consumers Alliance chews through the legalese with some to-the-point bullets about what the bill will provide:

  • Compel cemeteries to give consumers accurate prices before the sale
  • Give cemetery consumers the right to buy only the goods and services they want; families will be able to buy markers, monuments, or grave vaults from less expensive retail vendors rather than being captive to the cemetery’s prices
  • Bar cemeteries from forcing families to buy entire packages of goods or services, if the family wants to choose item by item
  • Require cemeteries to disclose rules and regulations, and consumer rights, before the purchase
  • Require cemeteries to keep accurate records of all burials sold, and where remains are interred, and to make those records available to regulators
  • Bar cemeteries from lying about the law — claiming state laws “require” vaults to surround an in-ground casket, for example

The FCA is pretty darn excited about this (and so are we). See their site for additional information and links to contact state representatives about supporting this bill.

Categories
Death + the Law Death Ethics

Suicide Tourism

The Suicide Tourist
Frontline (March 22, 2011)

On March 22, 2011, Frontline will re-broadcast its brilliant documentary The Suicide Tourist. This is an exceptionally well done documentary (even for Frontline) and it captures the end of one man’s life, Craig Ewert, with an unflinching gaze. I watched it last year. Unfortunately, the website version of the documentary is only available in America, which is too bad because everyone should watch this Frontline piece.

h_vid

The entire story is presented without sentimentality or moral judgement. It forthrightly and honestly follows Craig Ewert and his wife Mary as they travel to Dignitas in Switzerland. Many Death Reference Desk readers will have come across Dignitas either on Death Ref or in other situations. Dignitas was founded in 1998 by Ludwig Minelli and it remains one of the few places in the world that individuals can travel to, in order to end their life without hiding. Ludwig Minelli appears in the documentary and you can read a longer interview with him here.

The documentary speaks for itself, so I won’t drone on and on.

But watch it.

For those who are interested, the state of Oregon has now published its official 2010 Death with Dignity Act statistics. This is the annual report that Oregon files, as required by the DWDA, documenting how many individuals used the law and for what reasons.

These statistics are worth reading too.

Categories
Death + the Law Death Ethics

Westboro Baptist Church Wins Funeral Protest Case

Supreme Court Rules First Amendment Protects Westboro Church’s Right to Picket Funerals
Robert Barnes, The Washington Post (March 02, 2011)
A nearly unanimous Supreme Court ruled Wednesday that the First Amendment protects even hurtful speech about public issues and upheld the right of a fringe church to protest near military funerals.

 

Justices Rule for Protesters at Military Funerals
Adam Liptak, The New York Times (March 02, 2011)
The First Amendment protects hateful protests at military funerals, the Supreme Court ruled on Wednesday in an 8-1 decision.

 

Supreme Court of the United States
Snyder v. Phelps decision

For people who read United States Supreme Court decisions, the most important thing to do with any new ruling is immediately flip to the second or third page and look for the verdict. Then you can go back and and actually digest the text.

So, without much further ado, here is what the Supreme Court said about the Westboro Baptist Church (WBC) and its funeral protests:

Held: The First Amendment shields Westboro from tort liability for its picketing in this case.

We’ve been following the Westboro Baptist Church case here on the Death Reference Desk and you can read all of that coverage here.

In brief, the Westboro Baptist Church, which is based in Topeka, Kansas was sued by Albert Snyder after its members protested outside his son’s military funeral in Maryland. This was in 2006. Snyder’s son was a US Marine and the WBC, led by Fred Phelps and his daughter Shirley, appeared with signs which proclaimed “Thank God for Dead Soldiers” and other, similar statements. The WBC is also known as the group God Hates Fags and fervently believes that soldiers are dying in Iraq and Afghanistan because America has embraced homosexuality. God is showing his displeasure with America by letting the deaths happen.

The case worked its way up and down the US Court system after Albert Snyder won an earlier case and was awarded millions of dollars in damages. Last October, the Supreme Court heard arguments from both sides.

I’m not surprised that the Supreme Court decided in the WBC’s favor, since the entire case was a classic First Amendment debate. I also understand the logic which the eight justices in the majority used, even if the majority decision written by Chief Justice John Roberts seems a bit forced. By this, I mean, that the Justices could have simply said that the WBC protests were allowed to be obnoxious and ridiculous because the First Amendment guaranteed that right.

Instead, the decision uses an array of legal points which really reach reach reach for legal justifications.

Ok. That’s a little unfair.

Adam Liptak, of the New York Times summarises:

Chief Justice Roberts wrote in the ruling that three factors required a ruling in favor of the church group. First, he said, its speech was on matters of public concern. While the messages on the signs carried by its members “may fall short of refined commentary,” the chief justice wrote, “the issues they highlight — the political and moral conduct of the United States and its citizens, the fate of our nation, homosexuality in the military and scandals involving the Catholic clergy — are matters of public import.”

 

Second, he wrote, the relationship between the church and the Snyders was not a private grudge.

 

Third, the members of the church “had the right to be where they were.” They were picketing on a public street 1,000 feet from the site of the funeral, they complied with the law and with instructions from the police, and they protested quietly and without violence.

 

Chief Justice Roberts suggested that the proper response to hurtful protests are general laws creating buffer zones around funerals and the like, rather than empowering of juries to punish unpopular speech.

So there you have it.

Funereal protests by the Westboro Baptist Church are protected by the First Amendment to the US Constitution. You can read an excerpt of Snyder v. Phelps here.

You can also read the full decision at the top of the page.

The lone dissenter, Justice Alito, built his dissent around empathy for the grieving families and their desire to be left alone during a funeral. He has a point but that does not mean individual states can create laws banning certain groups from protesting outside funerals.

And even though the WBC won this particular US Supreme Case, which is significant, it just means that anytime the Westboro Baptist Church shows up at a funeral with its handful of members the number of counter-protesters will be even larger.

Finally, the first sentence of the Snyder v. Phelps decision is, hands down, the best ever. It is a sentence that implicitly states, for both good and bad reasons, only in America:

For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military.

The Death Reference Desk will post any relevant updates on this story. It’s not going to disappear now. That’s for sure.