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	<title>Comments on: Fred Phelps Going Down?</title>
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	<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/</link>
	<description>Big Teeth. Huge Ass. Surprisingly Reasonable.</description>
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		<title>By: Don Hunter</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-533118</link>
		<dc:creator>Don Hunter</dc:creator>
		<pubDate>Sun, 09 Aug 2009 02:49:14 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-533118</guid>
		<description>I heard some one say that &quot; God did not create gays &quot; ,&quot; they were not born that way&quot;  well to that I say God every day creates children that are born with horrific birth defects may be he is just testing your love and tolerance for his creations ..... So much hate is put out there in the name of God what a sin!  The Devil has a lot of his disciples out there doing his work in the name of God.  God is love and tolerance.</description>
		<content:encoded><![CDATA[<p>I heard some one say that &#8221; God did not create gays &#8221; ,&#8221; they were not born that way&#8221;  well to that I say God every day creates children that are born with horrific birth defects may be he is just testing your love and tolerance for his creations &#8230;.. So much hate is put out there in the name of God what a sin!  The Devil has a lot of his disciples out there doing his work in the name of God.  God is love and tolerance.</p>
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		<title>By: Dane Lewis</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-411068</link>
		<dc:creator>Dane Lewis</dc:creator>
		<pubDate>Fri, 04 Jul 2008 21:38:02 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-411068</guid>
		<description>As a Christian i hope any one who does this rots in hell.</description>
		<content:encoded><![CDATA[<p>As a Christian i hope any one who does this rots in hell.</p>
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		<title>By: Jan Snelders</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-403087</link>
		<dc:creator>Jan Snelders</dc:creator>
		<pubDate>Sun, 04 May 2008 23:57:52 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-403087</guid>
		<description>I believe very firmly in the right to free speech. Free speech acknowledges the fact that no one is ever completely right, and everyone has an obligation to hear others speak and revize their own opinion if it is rationally, logically necessary. Freedom of speech essentially tells us we have an obligation to enter in a dialogue with those with opposing views, and to resolve the apparent incompatibilities. Freedom of speech is not a vain principle, nor is it a punishment designed to make our lives harder. It is a tool to help each and everyone of us to reach a better understanding, to learn. As such, freedom of speech is wasted on hatemongers. They do not honour what others say, they do not even try. Freedom of speech is not something passive that can be taken away, it is an active right that can help us become better persons.</description>
		<content:encoded><![CDATA[<p>I believe very firmly in the right to free speech. Free speech acknowledges the fact that no one is ever completely right, and everyone has an obligation to hear others speak and revize their own opinion if it is rationally, logically necessary. Freedom of speech essentially tells us we have an obligation to enter in a dialogue with those with opposing views, and to resolve the apparent incompatibilities. Freedom of speech is not a vain principle, nor is it a punishment designed to make our lives harder. It is a tool to help each and everyone of us to reach a better understanding, to learn. As such, freedom of speech is wasted on hatemongers. They do not honour what others say, they do not even try. Freedom of speech is not something passive that can be taken away, it is an active right that can help us become better persons.</p>
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		<title>By: justice</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-403071</link>
		<dc:creator>justice</dc:creator>
		<pubDate>Sun, 04 May 2008 23:02:43 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-403071</guid>
		<description>I think a lot of people are arguing about things that don&#039;t fit into the Phelps scenario.  Freedom of Speech is important and PEACEFUL protests in PUBLIC spaces is protected (usually with permit).  However, most cemeteries (where those funerals are held) ARE NOT PUBLIC SPACES!  Just because people can usually come and go in a cemetery does not make it public land.  The cemeteries are usually owned by a church unless it is a pauper cemetery.  I would be shocked and appalled if a soldier killed in the line of duty was being buried in a pauper cemetery.  So Phelps was most likely protesting a private event being held on church owner land - hence not a public space and therefore Phelps was illegally harassing mourners (not to mention I have never seen this man an his &#039;group&#039; protest peacefully.)</description>
		<content:encoded><![CDATA[<p>I think a lot of people are arguing about things that don&#8217;t fit into the Phelps scenario.  Freedom of Speech is important and PEACEFUL protests in PUBLIC spaces is protected (usually with permit).  However, most cemeteries (where those funerals are held) ARE NOT PUBLIC SPACES!  Just because people can usually come and go in a cemetery does not make it public land.  The cemeteries are usually owned by a church unless it is a pauper cemetery.  I would be shocked and appalled if a soldier killed in the line of duty was being buried in a pauper cemetery.  So Phelps was most likely protesting a private event being held on church owner land &#8211; hence not a public space and therefore Phelps was illegally harassing mourners (not to mention I have never seen this man an his &#8216;group&#8217; protest peacefully.)</p>
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		<title>By: Mozzarella</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-401776</link>
		<dc:creator>Mozzarella</dc:creator>
		<pubDate>Sat, 03 May 2008 21:19:47 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-401776</guid>
		<description>Sometimes it is necessary to terminate.</description>
		<content:encoded><![CDATA[<p>Sometimes it is necessary to terminate.</p>
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		<title>By: max greinwald</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-397351</link>
		<dc:creator>max greinwald</dc:creator>
		<pubDate>Tue, 29 Apr 2008 00:21:33 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-397351</guid>
		<description>This guy has the belief that he can violate the sacred right of a grieving family because he has the constitutional right to do so. All right so he does I will not argue with this, but should he do this to someone I know I would be inclined to injure him badly, then let a jury decide my fate. I think what this man is doing is against natural law. When you insult grieving people you deserve what you get.By the way, I have no doubt that if there is a hell ,this pharisee will burn in it.</description>
		<content:encoded><![CDATA[<p>This guy has the belief that he can violate the sacred right of a grieving family because he has the constitutional right to do so. All right so he does I will not argue with this, but should he do this to someone I know I would be inclined to injure him badly, then let a jury decide my fate. I think what this man is doing is against natural law. When you insult grieving people you deserve what you get.By the way, I have no doubt that if there is a hell ,this pharisee will burn in it.</p>
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		<title>By: Fungus</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-397343</link>
		<dc:creator>Fungus</dc:creator>
		<pubDate>Mon, 28 Apr 2008 22:50:22 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-397343</guid>
		<description>I think this guy deserves a good American ass kicking. It would be worth a few days in jail to watch him pick up all of his teeth off the ground. People like him make me sick. I often wish there were a hell so people like him would have a place to go. Someone should run them all over on the street.</description>
		<content:encoded><![CDATA[<p>I think this guy deserves a good American ass kicking. It would be worth a few days in jail to watch him pick up all of his teeth off the ground. People like him make me sick. I often wish there were a hell so people like him would have a place to go. Someone should run them all over on the street.</p>
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		<title>By: Dr Know</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-397282</link>
		<dc:creator>Dr Know</dc:creator>
		<pubDate>Sun, 27 Apr 2008 17:30:53 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-397282</guid>
		<description>As a Christian, I think he shouls read his Bible an practice what it says. When Jesus confrondted a bunch of hypocrytical religionists about to stone an adulteress did he condemn her? No he said, &quot;Let him who is without sin cast the first stone.&quot; Then when they walked away totally humiliated in their hypocrisy. He turned to her and said, &quot;Neither do I condem you.&quot;</description>
		<content:encoded><![CDATA[<p>As a Christian, I think he shouls read his Bible an practice what it says. When Jesus confrondted a bunch of hypocrytical religionists about to stone an adulteress did he condemn her? No he said, &#8220;Let him who is without sin cast the first stone.&#8221; Then when they walked away totally humiliated in their hypocrisy. He turned to her and said, &#8220;Neither do I condem you.&#8221;</p>
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		<title>By: Dr Know</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-397281</link>
		<dc:creator>Dr Know</dc:creator>
		<pubDate>Sun, 27 Apr 2008 17:27:54 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-397281</guid>
		<description>As a Christian, I think he shouls read his Bible an practice what it says. When Jesus confrondted a bunch of hypocrytical religionists about to stone an adulteress did he condemn her? No he said, &quot;Let him who is without sin cast the first stone.&quot; Then when they walked away totally humiliated in their hypocrisy. He turned to her and said, &quot;Neither do I condem you.&quot; 

Does this apply to gays? How could it not apply?</description>
		<content:encoded><![CDATA[<p>As a Christian, I think he shouls read his Bible an practice what it says. When Jesus confrondted a bunch of hypocrytical religionists about to stone an adulteress did he condemn her? No he said, &#8220;Let him who is without sin cast the first stone.&#8221; Then when they walked away totally humiliated in their hypocrisy. He turned to her and said, &#8220;Neither do I condem you.&#8221; </p>
<p>Does this apply to gays? How could it not apply?</p>
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		<title>By: Some Jew</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-397075</link>
		<dc:creator>Some Jew</dc:creator>
		<pubDate>Fri, 25 Apr 2008 09:05:27 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-397075</guid>
		<description>Legality or not. There was a time when saying the wrong thing could get you shot in the U.S. They were called &quot;fightin&#039; words&quot;. If someone called my family anything derogatory, I don&#039;t care what the price is I have to pay, someone is going to get hurt. I&#039;m am horribly surprised that no one has physically harmed one of these protesters. Sure, they have the right to say what they want, but if I&#039;m willing to pay the legal price, they better be ready to pay the price for their &quot;free speech&quot; with blood. Legal shmeegle, if my cousin comes home from Iraq in a body bag and these guys show up, to quote Saw II: &quot;Oh yes, there will be blood.&quot; I&#039;ll pay my days in jail if need be.</description>
		<content:encoded><![CDATA[<p>Legality or not. There was a time when saying the wrong thing could get you shot in the U.S. They were called &#8220;fightin&#8217; words&#8221;. If someone called my family anything derogatory, I don&#8217;t care what the price is I have to pay, someone is going to get hurt. I&#8217;m am horribly surprised that no one has physically harmed one of these protesters. Sure, they have the right to say what they want, but if I&#8217;m willing to pay the legal price, they better be ready to pay the price for their &#8220;free speech&#8221; with blood. Legal shmeegle, if my cousin comes home from Iraq in a body bag and these guys show up, to quote Saw II: &#8220;Oh yes, there will be blood.&#8221; I&#8217;ll pay my days in jail if need be.</p>
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		<title>By: Marius UK</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396937</link>
		<dc:creator>Marius UK</dc:creator>
		<pubDate>Thu, 24 Apr 2008 09:19:34 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396937</guid>
		<description>I see that the WBC &#039;extended family&#039; will be protesting outside US Marine barracks in Hawaii this month. I hope the Marines give them the reception they so richly deserve. Even better, if they survive that trip, they also plan to picket the Olympic Games in Beijing. While their citizenship will protect them from the usual Chinese approach to protesters (bodily harm usually followed by relocation to a work camp) I cannot help hoping that the Chinese response will be robust.</description>
		<content:encoded><![CDATA[<p>I see that the WBC &#8216;extended family&#8217; will be protesting outside US Marine barracks in Hawaii this month. I hope the Marines give them the reception they so richly deserve. Even better, if they survive that trip, they also plan to picket the Olympic Games in Beijing. While their citizenship will protect them from the usual Chinese approach to protesters (bodily harm usually followed by relocation to a work camp) I cannot help hoping that the Chinese response will be robust.</p>
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		<title>By: Oxnard</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396607</link>
		<dc:creator>Oxnard</dc:creator>
		<pubDate>Sat, 19 Apr 2008 22:44:58 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396607</guid>
		<description>If Jesus was real, and because of religion it&#039;s hard to say, but if he was real he would damn these haters to hell where they belong!!!</description>
		<content:encoded><![CDATA[<p>If Jesus was real, and because of religion it&#8217;s hard to say, but if he was real he would damn these haters to hell where they belong!!!</p>
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		<title>By: Redisca</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396135</link>
		<dc:creator>Redisca</dc:creator>
		<pubDate>Mon, 14 Apr 2008 04:07:34 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396135</guid>
		<description>On a related note:  The details of Phelpses&#039; three-decade story lead me to believe that the entire legal community of Topeka, Kansas (and perhaps the whole state of Kansas) practices law with its left foot.  As a lawyer from a jurisdiction widely reputed to allow its attorneys to shoot from the hip (New York), I was always convinced that states like Kansas were sticklers for rules and procedure.  Not so, apparently.  Fred Sr. himself was disbarred, but not before he attempted to defraud an APPELLATE court.  Up until then, he filed hundreds of patently frivolous lawsuits, submitted false affidavits and intimidated witnesses apparently unchecked (except for a one-time suspension that proved ineffective).  In his last case, when he sued a court reporter for a commercial tort, the trial judge basically allowed him to turn his courtroom into a freak show.  At one time, Fred Sr. took to intimidating federal judges by suing and complaining against them in the most surreal ways; and for awhile, the judges pretty much took it lying down.  Even with Fred Sr. disbarred, his brood continues his tactics.  The litany of their legal abuses alone is incredible.  In New York, every single one of them  would have been disbarred ten times over for numerous reasons (take your pick: continuing to make false representations to the public on their website; flaunting procedural rules; frivolous litigation; lack of good moral character).

If the judges and Kansas&#039; Ethics Committee (or whatever it&#039;s called over there) are bad enough, the members of the Bar are not far behind them in obtuseness.  SPLC reported that one attorney developed a &quot;novel&quot; approach to beating off the family law firm -- when sued for alleged &quot;emotional damage&quot;, the attorney demanded to conduct psychiatric examinations of the Phelpses.  Duh.  That&#039;s &quot;novel&quot;?  As in, under ordinary circumstances, when someone sues you, claiming a mental injury, you DON&#039;T have your psychiatrist examine them?

This may be the root of all the problems with defeating the Phelpses: people just don&#039;t stand up to them.  I just can&#039;t understand why.  What is this supernatural hold they have on everyone around them that makes people cower?  I wish every single person they&#039;ve victimized sued them.  They boast that they picket 6 different places per day -- imagine if everyone of those became a lawsuit.  All over the country.  Take the deposition of every picket protester every time, in excruciating detail, for many hours.  There won&#039;t be much picketing if the members of WBC spend 10 hours per day in conference rooms being deposed.  And if you lose, appeal.  And if Phelpses sue you, fight back: flood them with discovery demands and take their depositions like there is no tomorrow.  And yes, send them to a psychiatrist every time; build up the record.  They keep using the legal system to promote their sick agenda: it&#039;s time their victims availed themselves of it for a change.</description>
		<content:encoded><![CDATA[<p>On a related note:  The details of Phelpses&#8217; three-decade story lead me to believe that the entire legal community of Topeka, Kansas (and perhaps the whole state of Kansas) practices law with its left foot.  As a lawyer from a jurisdiction widely reputed to allow its attorneys to shoot from the hip (New York), I was always convinced that states like Kansas were sticklers for rules and procedure.  Not so, apparently.  Fred Sr. himself was disbarred, but not before he attempted to defraud an APPELLATE court.  Up until then, he filed hundreds of patently frivolous lawsuits, submitted false affidavits and intimidated witnesses apparently unchecked (except for a one-time suspension that proved ineffective).  In his last case, when he sued a court reporter for a commercial tort, the trial judge basically allowed him to turn his courtroom into a freak show.  At one time, Fred Sr. took to intimidating federal judges by suing and complaining against them in the most surreal ways; and for awhile, the judges pretty much took it lying down.  Even with Fred Sr. disbarred, his brood continues his tactics.  The litany of their legal abuses alone is incredible.  In New York, every single one of them  would have been disbarred ten times over for numerous reasons (take your pick: continuing to make false representations to the public on their website; flaunting procedural rules; frivolous litigation; lack of good moral character).</p>
<p>If the judges and Kansas&#8217; Ethics Committee (or whatever it&#8217;s called over there) are bad enough, the members of the Bar are not far behind them in obtuseness.  SPLC reported that one attorney developed a &#8220;novel&#8221; approach to beating off the family law firm &#8212; when sued for alleged &#8220;emotional damage&#8221;, the attorney demanded to conduct psychiatric examinations of the Phelpses.  Duh.  That&#8217;s &#8220;novel&#8221;?  As in, under ordinary circumstances, when someone sues you, claiming a mental injury, you DON&#8217;T have your psychiatrist examine them?</p>
<p>This may be the root of all the problems with defeating the Phelpses: people just don&#8217;t stand up to them.  I just can&#8217;t understand why.  What is this supernatural hold they have on everyone around them that makes people cower?  I wish every single person they&#8217;ve victimized sued them.  They boast that they picket 6 different places per day &#8212; imagine if everyone of those became a lawsuit.  All over the country.  Take the deposition of every picket protester every time, in excruciating detail, for many hours.  There won&#8217;t be much picketing if the members of WBC spend 10 hours per day in conference rooms being deposed.  And if you lose, appeal.  And if Phelpses sue you, fight back: flood them with discovery demands and take their depositions like there is no tomorrow.  And yes, send them to a psychiatrist every time; build up the record.  They keep using the legal system to promote their sick agenda: it&#8217;s time their victims availed themselves of it for a change.</p>
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		<title>By: Pastor Bobbie</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396087</link>
		<dc:creator>Pastor Bobbie</dc:creator>
		<pubDate>Sun, 13 Apr 2008 19:30:29 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396087</guid>
		<description>We live in a town near Ulysses where 4 teens were recently killed in a car accident while out to lunch on a school day. Not only did Fred and his crew show up to disrupt the funeral, but he also spewed offensive things concerning the girls and carried flags posters saying he was glad they were dead. On a day that should have been one where family members could say goodbye to their loved ones, he not only rudely intruded, but he deliberately disrupted the town which had been shattered by the loss of four of its own. 

Anyone thinking that he is carrying a &quot;peaceful protest&quot; and not harming anyone with it is wrong. 

He and his &quot;crew&quot; travelled (by his own admission) more than 700 miles to &quot;stand on their dirty streets&quot; (a quote from his blog)  and protest the fact that they wanted their teens buried with respect and dignity. They sang filthy songs about the girls and taunted the family members. 

Earlier someone used the parallel of &quot;crying fire&quot; in a crowded theater. Others said this was not the same. 

I guess the parallel for me would be more simple. Do human beings have the right to gather to worship God without someone trying to keep them from doing it? Would anyone tolerate an organization that walked into an Islamic Temple, a Jewish Synagogue, or a Black Church to spew hatred and keep them from worshiping? 

The constitution gives us the RIGHT to peacefully assemble. The constitution gives us the RIGHT to worship God. Those who prevent us from being able to do those things (even under what they consider &quot;freedom of speech&quot;) are breaking the law. 

I appreciate the comment earlier using the words &quot;assault and battery&quot; since that is closer to what his tactics entail than simple words. Fred Phelps can no longer batter his own children because they have grown up, and he must not be allowed to verbally batter others in the midst of their sorrow.</description>
		<content:encoded><![CDATA[<p>We live in a town near Ulysses where 4 teens were recently killed in a car accident while out to lunch on a school day. Not only did Fred and his crew show up to disrupt the funeral, but he also spewed offensive things concerning the girls and carried flags posters saying he was glad they were dead. On a day that should have been one where family members could say goodbye to their loved ones, he not only rudely intruded, but he deliberately disrupted the town which had been shattered by the loss of four of its own. </p>
<p>Anyone thinking that he is carrying a &#8220;peaceful protest&#8221; and not harming anyone with it is wrong. </p>
<p>He and his &#8220;crew&#8221; travelled (by his own admission) more than 700 miles to &#8220;stand on their dirty streets&#8221; (a quote from his blog)  and protest the fact that they wanted their teens buried with respect and dignity. They sang filthy songs about the girls and taunted the family members. </p>
<p>Earlier someone used the parallel of &#8220;crying fire&#8221; in a crowded theater. Others said this was not the same. </p>
<p>I guess the parallel for me would be more simple. Do human beings have the right to gather to worship God without someone trying to keep them from doing it? Would anyone tolerate an organization that walked into an Islamic Temple, a Jewish Synagogue, or a Black Church to spew hatred and keep them from worshiping? </p>
<p>The constitution gives us the RIGHT to peacefully assemble. The constitution gives us the RIGHT to worship God. Those who prevent us from being able to do those things (even under what they consider &#8220;freedom of speech&#8221;) are breaking the law. </p>
<p>I appreciate the comment earlier using the words &#8220;assault and battery&#8221; since that is closer to what his tactics entail than simple words. Fred Phelps can no longer batter his own children because they have grown up, and he must not be allowed to verbally batter others in the midst of their sorrow.</p>
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		<title>By: Redisca</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396067</link>
		<dc:creator>Redisca</dc:creator>
		<pubDate>Sun, 13 Apr 2008 14:57:19 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396067</guid>
		<description>Okay, let&#039;s cross our t&#039;s and dot our i&#039;s on that First Amendment issue.  This is truly one of the most misunderstood parts of the US Constitution.  So here is how it works, folks.  The First Amendment protects you from being deprived of life, liberty or property BY THE GOVERNMENT solely for the content of your speech.  The First Amendment DOES NOT protect  you from all consequences of that speech. The right to free speech does not encompass a right to commit fraud or perjury, for example -- crimes that, by definition, are accomplished through speech.  Think about it.  Can a car dealer sell you a lemon and then claim he was exercising his First Amendment right when he lied to you about the condition of the car?   The First Amendment does not permit doctors or lawyers to disclose details about their patients and clients; confidentiality laws are completely constitutional, though their purpose and effect is to restrict speech.  Evidentiary rules of court are constitutional, though they limit what lawyers or witnesses may say in court. Similarly, tort law gives private individuals recourse for defamation and intentional infliction of extreme emotional distress -- also exercises of speech.  Although the First Amendment is reflexively brought up in private defamation and IIEED litigation, the fact remains that the law provides a remedy in certain situations when speech is used to hurt or destroy a person.  Moreover, the First Amendment does not prevent the government from regulating the time, place and manner of expression.

Many of the statutes passed probably do run afoul of the First Amendment simply because the burden of proof on the government, in cases involving restrictions on speech, is so incredibly high.  The lawsuit in question, however, was by an individual for intentional infliction of emotional distress.  There is nothing unconstitutional in bringing that lawsuit or in the jury finding for the plaintiff.  Speak all you want -- but if you use your words to hurt someone in particularly vicious ways, you might just have to untie your purse strings.

Jenny from Australia:  That is one of the most simplistic things I&#039;ve ever read.  Not all &quot;rights&quot; are legally enshrined, and individuals&#039; interests (often mistakenly called &quot;rights&quot;) often run up against each other.  Legislatures and courts must balance them -- not as you said, proceed on the assumption that &quot;one&#039;s right does not negate another&#039;s&quot;.  Your right to privacy is your doctor&#039;s right to disclose your medical records.  See?  How do you reconcile that?  As to the comment about the &quot;nutty USA&quot;, an old Russian proverb is apt here: &quot;Every bird exalts his own swamp.&quot;  You are no exception.</description>
		<content:encoded><![CDATA[<p>Okay, let&#8217;s cross our t&#8217;s and dot our i&#8217;s on that First Amendment issue.  This is truly one of the most misunderstood parts of the US Constitution.  So here is how it works, folks.  The First Amendment protects you from being deprived of life, liberty or property BY THE GOVERNMENT solely for the content of your speech.  The First Amendment DOES NOT protect  you from all consequences of that speech. The right to free speech does not encompass a right to commit fraud or perjury, for example &#8212; crimes that, by definition, are accomplished through speech.  Think about it.  Can a car dealer sell you a lemon and then claim he was exercising his First Amendment right when he lied to you about the condition of the car?   The First Amendment does not permit doctors or lawyers to disclose details about their patients and clients; confidentiality laws are completely constitutional, though their purpose and effect is to restrict speech.  Evidentiary rules of court are constitutional, though they limit what lawyers or witnesses may say in court. Similarly, tort law gives private individuals recourse for defamation and intentional infliction of extreme emotional distress &#8212; also exercises of speech.  Although the First Amendment is reflexively brought up in private defamation and IIEED litigation, the fact remains that the law provides a remedy in certain situations when speech is used to hurt or destroy a person.  Moreover, the First Amendment does not prevent the government from regulating the time, place and manner of expression.</p>
<p>Many of the statutes passed probably do run afoul of the First Amendment simply because the burden of proof on the government, in cases involving restrictions on speech, is so incredibly high.  The lawsuit in question, however, was by an individual for intentional infliction of emotional distress.  There is nothing unconstitutional in bringing that lawsuit or in the jury finding for the plaintiff.  Speak all you want &#8212; but if you use your words to hurt someone in particularly vicious ways, you might just have to untie your purse strings.</p>
<p>Jenny from Australia:  That is one of the most simplistic things I&#8217;ve ever read.  Not all &#8220;rights&#8221; are legally enshrined, and individuals&#8217; interests (often mistakenly called &#8220;rights&#8221;) often run up against each other.  Legislatures and courts must balance them &#8212; not as you said, proceed on the assumption that &#8220;one&#8217;s right does not negate another&#8217;s&#8221;.  Your right to privacy is your doctor&#8217;s right to disclose your medical records.  See?  How do you reconcile that?  As to the comment about the &#8220;nutty USA&#8221;, an old Russian proverb is apt here: &#8220;Every bird exalts his own swamp.&#8221;  You are no exception.</p>
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		<title>By: emmy</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396019</link>
		<dc:creator>emmy</dc:creator>
		<pubDate>Sat, 12 Apr 2008 19:36:42 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396019</guid>
		<description>Also, Jenny, America, while it has its short comings, isn&#039;t too insane. 
We disagree with one another too much, and we have our scandals, but generally we do good. However, it is your opinion, I suppose I can&#039;t argue with such a vague statement. I just want to point out that I live here, and I find it a very decent place.</description>
		<content:encoded><![CDATA[<p>Also, Jenny, America, while it has its short comings, isn&#8217;t too insane.<br />
We disagree with one another too much, and we have our scandals, but generally we do good. However, it is your opinion, I suppose I can&#8217;t argue with such a vague statement. I just want to point out that I live here, and I find it a very decent place.</p>
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	<item>
		<title>By: emmy</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-396018</link>
		<dc:creator>emmy</dc:creator>
		<pubDate>Sat, 12 Apr 2008 19:32:45 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-396018</guid>
		<description>While I am firmly against gay marriage, I believe that this man has no place is common-day society. He&#039;s evil, rotten, bent and overall, a bastard. Like I said, I do not believe in gay marriage, but I do not hold the opinion that homosexuals are evil people. In fact, I have three homosexual friends, all of whom I find loving and intelligent. Their sin (because yes, I do still believe it&#039;s a sin (don&#039;t worry, my friends know this)) is no greater than his; in fact, I find their sin to be far less. 
Homosexuality is simply their lifestyle, I disagree with it no more than I disagree with being a different religion from my own (which means, I don&#039;t think gay-marriage should or can be outlawed any longer). 

Anyway, this man is an insult to humanity. His teachings are monsterous and bigoted. His crime is in hating. How dare he protest the funeral where a family is already in mourning. He must have absolutely no emotions. 
What an asshole.</description>
		<content:encoded><![CDATA[<p>While I am firmly against gay marriage, I believe that this man has no place is common-day society. He&#8217;s evil, rotten, bent and overall, a bastard. Like I said, I do not believe in gay marriage, but I do not hold the opinion that homosexuals are evil people. In fact, I have three homosexual friends, all of whom I find loving and intelligent. Their sin (because yes, I do still believe it&#8217;s a sin (don&#8217;t worry, my friends know this)) is no greater than his; in fact, I find their sin to be far less.<br />
Homosexuality is simply their lifestyle, I disagree with it no more than I disagree with being a different religion from my own (which means, I don&#8217;t think gay-marriage should or can be outlawed any longer). </p>
<p>Anyway, this man is an insult to humanity. His teachings are monsterous and bigoted. His crime is in hating. How dare he protest the funeral where a family is already in mourning. He must have absolutely no emotions.<br />
What an asshole.</p>
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		<title>By: Jenny</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-395994</link>
		<dc:creator>Jenny</dc:creator>
		<pubDate>Sat, 12 Apr 2008 11:19:31 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-395994</guid>
		<description>Freedom of speech is secondary to causing hurt &amp; pain. 
The rights of one individual does not expunge the right of another.  I&#039;m thankful that I live in Australia and not the nutty US!</description>
		<content:encoded><![CDATA[<p>Freedom of speech is secondary to causing hurt &amp; pain.<br />
The rights of one individual does not expunge the right of another.  I&#8217;m thankful that I live in Australia and not the nutty US!</p>
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		<title>By: Cas</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-3/#comment-395991</link>
		<dc:creator>Cas</dc:creator>
		<pubDate>Sat, 12 Apr 2008 07:29:47 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-395991</guid>
		<description>If this guy had half the balls he/we thought he had, he would be preaching to LIVING soldiers. What does preaching to the already deceased do besides draw attention to himself?

Nothing.</description>
		<content:encoded><![CDATA[<p>If this guy had half the balls he/we thought he had, he would be preaching to LIVING soldiers. What does preaching to the already deceased do besides draw attention to himself?</p>
<p>Nothing.</p>
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		<title>By: Wetjet</title>
		<link>http://donklephant.com/2008/04/05/fred-phelps-going-down/comment-page-2/#comment-395939</link>
		<dc:creator>Wetjet</dc:creator>
		<pubDate>Fri, 11 Apr 2008 15:44:48 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/?p=5125#comment-395939</guid>
		<description>Regardless of what anybody thinks is right or wrong, what is right is we are commanded to love God with all of our mind, body and soul, as well as love our neighbor as ourself. With these two laws, all of the other commandments are completed.

These people that are proclaiming to be baptist Christians are not right by doing this. They are obviously not loving their neighbor, and that is wrong. It appears that they are out to force their views of what is right and wrong on others, which is not wrong by any means, but how they are doing it, is dead wrong. The only reason they have the right to hold up those signs is because of those dead soldiers, and they are spiting in the faces of their families!

Prayer works a lot better than holding a sign thanking God for dead soldiers and ied&#039;s. That&#039;s just sick! And this is coming from a Christian! 

They are making God out to be some bully with a magnifying glass looking to blow up whoever he deems fit. Jesus loves us all more than any of our puny pea sized brains could ever comprehend. When these people see thru His eyes one day what they did, they are going to want to shrivel up and die under a rock. I think we all will want to do that because a little white lie vs. what these people are doing, is no different. 

There isn&#039;t a grade on sin. You dont get a &quot;B&quot; for a white lie, and an &quot;F&quot; for murdering somebody. It&#039;s all a big &quot;F&quot; in God&#039;s eyes. 

We all must repent and accept what Jesus came into this world to do.... to die for our sins. He was THE replacement for your death. All you have to do is reach out and accept him at his word. That is what makes a true Christian. 

Do you people who are doing this actually think that God is applauding you, clapping his hands for causing these people grief at these funerals? I think your pride has blinded you.

Repent!</description>
		<content:encoded><![CDATA[<p>Regardless of what anybody thinks is right or wrong, what is right is we are commanded to love God with all of our mind, body and soul, as well as love our neighbor as ourself. With these two laws, all of the other commandments are completed.</p>
<p>These people that are proclaiming to be baptist Christians are not right by doing this. They are obviously not loving their neighbor, and that is wrong. It appears that they are out to force their views of what is right and wrong on others, which is not wrong by any means, but how they are doing it, is dead wrong. The only reason they have the right to hold up those signs is because of those dead soldiers, and they are spiting in the faces of their families!</p>
<p>Prayer works a lot better than holding a sign thanking God for dead soldiers and ied&#8217;s. That&#8217;s just sick! And this is coming from a Christian! </p>
<p>They are making God out to be some bully with a magnifying glass looking to blow up whoever he deems fit. Jesus loves us all more than any of our puny pea sized brains could ever comprehend. When these people see thru His eyes one day what they did, they are going to want to shrivel up and die under a rock. I think we all will want to do that because a little white lie vs. what these people are doing, is no different. </p>
<p>There isn&#8217;t a grade on sin. You dont get a &#8220;B&#8221; for a white lie, and an &#8220;F&#8221; for murdering somebody. It&#8217;s all a big &#8220;F&#8221; in God&#8217;s eyes. </p>
<p>We all must repent and accept what Jesus came into this world to do&#8230;. to die for our sins. He was THE replacement for your death. All you have to do is reach out and accept him at his word. That is what makes a true Christian. </p>
<p>Do you people who are doing this actually think that God is applauding you, clapping his hands for causing these people grief at these funerals? I think your pride has blinded you.</p>
<p>Repent!</p>
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