“The brokenhearted father of a Marine killed in Iraq won a long-shot legal fight today after a federal jury in Baltimore awarded him nearly $11 million in a verdict against members of a Kansas church who hoisted anti-gay placards at his son’s Westminster funeral.” — The Baltimore Sun (read the whole story here)

The Westboro Baptist Church family is a crew of loathsome people with a seeming collective persecution complex and apparently thrive on the fact that they repulse so many people. In fact, I have no doubt that they moved on from picketing gay events and AIDS victim funerals to military funerals exactly because of the negative attention it would give them. They probably believe deep in their hearts that the abuse they receive by so many people for what they do brings them closer to what Jesus went through.

I personally encountered these picketers about eight years ago while covering a story and made the decision to mention them, but not interview any of them, for the very reason that all they wanted was publicity and to feed off being loathed. I wanted to deny them of what they most craved.

But this verdict is wrong. There’s no way to get around it. The First Amendment should not have an exception: “unless it causes emotional distress.”

The can of worms this opens is absolutely unbelievable. Somebody could claim emotional distress over just about any comment. How do you argue that somebody hasn’t been caused emotional distress?

No doubt the horror of having this family show up to picket your dead son’s funeral is indeed a source of emotional distress, and I wouldn’t wish it on anyone, but it’s not the role of the government to protect us from cruelty, only threats to our safety and livelihood.

I suspect the judgment will be tossed on appeal, as it should be. I hate that I have to say that. As much as I would love to be rid of Phelps and his ilk, the potential consequences of letting this decision stand are far worse.