October 7th, 2010
10:15 AM ET

Snyder: Pastor Phelps' actions 'cause emotional stress'

It is an emotional battle at the Supreme Court of the United States, pitting free speech, no matter how vile and hate-filled against the right to privacy.

Al Snyder is suing Pastor Fred Phelps for protesting at his son’s funeral, Lance Cpl. Mathew Snyder. Al was inside the supreme court when arguments were made and talks to John Roberts on American Morning.

John Roberts: So take us into the Supreme Court. What's your sense of the arguments that you heard? Many people who were there believe that it looks like the justices sort of would like to help you out, but their hands may be tied by the first amendment?

Albert Snyder: Well, I don't think their hands are tied by the first amendment because there's no such thing as absolute free speech. As far as in the courtroom, you know, the big thing that they went over was pride of a public figure. Well, there's no way I was a public figure at the time.

When the Phelps get up there and talk and says I gave all of these interviews before they did this to me and I talked about the war. And I called and talked to John Murtha, well, they're all wrong. I gave a couple interviews to my local paper. And I called John Murtha to see if he could find out for me what happened in that vehicle accident. I didn't call him to protest the war or anything else. And one of the articles they may have asked me, you know, what I thought about the war. And I said, I thought it was senseless. But, you know every parent that loses a child, somebody from that family gives a statement because your local papers want to know.

Roberts: Sure. Absolutely.

Snyder: If they're going to count that as being a public figure, its not going to be bought by the U.S. Supreme Court, I don't think.

Roberts: What are the issues being talked about the witnesses watching the hearings yesterday or hearing about them, the idea of equal application of the first amendment. For example ... if there had been a group there demonstrating in support of the military, would they have been welcome?

Snyder: Yes. This was for friends and family. And its a time for people to be remembered and honored for what they did. That's what the tradition of funerals is about. I mean, for them - the thing that just strikes me absolutely amazing is they're saying there are two groups of protesters there besides them. The one group was the patriot guard which came because of them.

Roberts: Yeah.

Snyder: And the other group that was there was the parochial school children lining the driveway with American flags saying we love you.

Roberts: The argument is that the first amendment has to be applied equally. And if you didn't want the protesters against the military there, then the other people who are demonstrating in favor of the military shouldn't have been there either.

But Ruth Bader Ginsburg articulated the difficult points of law here. She said that the protesters weren't breaking any laws even under the current Maryland funeral picketing statute that was passed. But she said, why should the first amendment tolerate exploiting this bereaved family when you have so many other forums for getting across your message? I think the real crux of the sergeant here was, what they did might have been terribly offensive, but was it illegal?

Snyder: It might not have been illegal, but it did cause emotional stress and emotional damage. And, you know, you have to look at this as tort law, too. There's a lot involved in this, just other than free speech. You know, it gets me so much, John, when I hear these people say, well, this is what your son died for. You know, you didn't know my sons, so don't tell me what he died for, first of all. But no soldier or veteran goes into the military and takes an oath that it's okay to target an innocent family and harass them.

And it wasn't just about them showing up at the funeral. It was about what they did before and after the funeral. Two days before that funeral, they sent out notices to press and emerge - you know, the authorities. This notice had matt's picture on it. It has a military coffin. Underneath it, it's burial of an ass. Then it went on to say we'll be protesting at St. John's Catholic dog kennel.

Roberts: Wow.

Snyder: I knew they were go to come there. They stood 30 feet from the main vehicle entrance of the church, and what the vehicle procession had to be rerouted, we still came within 300 feet of the church.

Roberts: Well, this is a very important case regarding free speech. We're definitely watching this very closely. We're not expecting a decision for months, though.

Snyder: Just remember, John, the slippery slope can go either way.

Roberts: Al Snyder, thanks so much for being with us this morning. And we do appreciate your loss and I just can't imagine what it would be like as a family to go through something like that. Thanks for joining us this morning.

Snyder: Thank you, John.

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soundoff (207 Responses)
  1. DDog

    This is the first time I've ever seen everyone agree in the Comments section of an article. This really does just cross the line. The guys son was a non-gay Christian too.

    October 7, 2010 at 5:05 pm | Report abuse | Reply
  2. Steven Gosink

    I definitely think the pastor is wrong in this case. Free Speech or not, good taste, respect for dead, should have been priority. We have a pastor using the public as his sounding board, I thought there was suppose to be a seperation of Church and State, obviously this guy wants doesnt believe in that. Shame on you Pastor, I hope nothing like that happens to you, or maybe it should and you can see how it feels.

    October 7, 2010 at 5:12 pm | Report abuse | Reply
  3. mark

    I don't think our founding fathers had in mind what phelps is doing then writing the 1st amendment.can you imagine him doing it at JFK'S funeral.

    October 7, 2010 at 5:12 pm | Report abuse | Reply
  4. JLB

    It was rumored, around the same time as this funeral protest I think, that Phelps was going to protest the funerals for 3 high school students that were killed in a bus accident in Huntsville, AL. He never did show up but it did have a bunch of people mad down here. My guess is that he didn't want to scrap with the big groups or have to deal with people like Al Sharpton and his bunch. I was horrified when I heard there was anyone protesting funerals at all. Its wrong just wrong that is a time for the family not to try and make some kind of political statement. Hope everyone is having a wonderful day.

    October 7, 2010 at 5:19 pm | Report abuse | Reply
  5. Vetti

    Its obvious that if this family (Phelps) are lawyers, what does that tell u. These people r not stupid, they r being smart or u should I say better,they r sneaky, hiding behind supposely religion and the 1st amendment to make money. They lawyers,what did u expect. I tell u the best way to get to them is making protest of them to the point that u get them so aggravated,that if they try to do something about it, one could sue them. Give them a piece of their own medicine.

    October 7, 2010 at 8:10 pm | Report abuse | Reply
  6. Linda

    I agree that these were hate speeches. Even free speech is limited and most local governments do not allow cursing in public, threats agains anyone , or promoting hate and violence. I don't see how the Supreme Court can condone such actions . Locally a friend of mine was given a citation when he was talking to a friend and called him a mf for something ignorant the friend had done. A policeman overheard him and when my friend tried to claim free speech the cop told him that did not cover anythi ng offensive to someone else and my friend had offended the cop. I'm sure this is the case here because it offends millions!

    October 7, 2010 at 9:02 pm | Report abuse | Reply
  7. Phillip Lopez

    I cant believe that people would do this to a man who gave his life for his country so that we all could live. Protesting like that is really low no matter what the court ruled. You people in that church are really messed up

    September 3, 2011 at 5:29 pm | Report abuse | Reply
  8. Amy

    I hope the unthinkable never happens to my United States serving Military spouse, but if so, pray now you don't choose my husbands services to attend.

    October 7, 2010 at 10:55 am | Report abuse | Reply
  9. CBC

    "My family is mad". At least you got something right.

    October 7, 2010 at 10:59 am | Report abuse | Reply
  10. Jeff

    My God is not your god. True Christians don't act like you. Also, you might want to learn how to spell if you're (conjunction for YOU ARE, not your, you toolbox) going to post on here. Having a degree doesn't qualify you as intelligent, Phelps. I would say you are only slightly beyond the mental capacity of a monkey, but then why would I insult the animal kingdom in such a manner. Crawl back into your hole and stay there.

    October 7, 2010 at 11:06 am | Report abuse | Reply
  11. Lee

    Your no Christian and the God you believe you support I believe resides in very heated corners. I cannot pass judgement as it is not my place however I hope you like to sweat Mr Phelps as upon your death my belief is you will get every opportunity.

    October 7, 2010 at 11:11 am | Report abuse | Reply
  12. ROXBOY

    WHAT a whackjob!! only the crazy hear the voices of their imaginary friends~

    October 7, 2010 at 11:13 am | Report abuse | Reply
  13. Q

    Mr. Phelps I consider myself a conservative, a christian and a baptist, but you and I do not pray to the same God. You and yours are evil people with black hearts and I would never kneel before a God that would condone your actions or your words.

    October 7, 2010 at 11:15 am | Report abuse | Reply
  14. Daniel Mincke

    Heaven forbid, but if you showed up to one of our military friend's funerals, you and your incest cronies wouldn't make it back to Kansas on your own two feet. You would look and sound better in an unmarked cedar box anyway.
    MAY GOD HAVE MERCY ON YOUR SOULS

    October 7, 2010 at 11:16 am | Report abuse | Reply
  15. Ashley

    To Phelps and your so-called 'church' : You're ridiculous. You, not us, will be the ones that burn in Hell for thinking that it is your right to pass judgement and cause so much pain in people's lives. You are supposed to love thy neighbor, not inflict as much pain as you can upon them. These men and women gave up their lives to protect your right to free speech, so maybe you should keep that in mind next time you want to protest at their funerals. They and their families haven't done anything to you, so how did it become your 'right' to hurt them? Go back to your redneck, old-fashioned, 1800-minded place that you came from, and leave these grieving families in peace.

    October 7, 2010 at 11:20 am | Report abuse | Reply
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