In this case, the Westboro Baptist Church staged a public protest on public grounds near the funeral of a soldier who was killed in active duty in Iraq. They staged similar protests at military funerals around the country; these protests were notable for the incendiary nature of the content of their picket signs, which expressed anti-LGBTQ sentiments and blamed the US Government and US military for its tolerance of LGBTQ soldiers and issues. The Court’s opinion, referencing other cases as precedents, held that freedom of speech cannot hinge on the “offensive or disagreeable” nature of the speech.
Chief Justice Roberts , Opinion of the Court (March 2, 2011)
“Simply put, the church members had the right to be where they were. Westboro alerted local authorities to its funeral protest and fully complied with police guidance on where the picketing could be staged. The picketing was conducted under police supervision some 1,000 feet from the church, out of the sight of those at the church. The protest was not unruly; there was no shouting, profanity, or violence.
…Given that Westboro’s speech was at a public place on a matter of public concern, that speech is entitled to ‘special protection’ under the First Amendment . Such speech cannot be restricted simply because it is upsetting or arouses contempt. ‘If there is a bedrock principle underlying the First Amendment , it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.’ Texas v. Johnson, 491 U. S. 397, 414 (1989) . Indeed, ‘the point of all speech protection … is to shield just those choices of content that in someone’s eyes are misguided, or even hurtful.’ Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 574 (1995).”
