Kenneth T. Cuccinelli, II has pulled some bonehead plays in his short tenure as Attorney General of my Commonwealth, generally managing to push himself onto the national stage. It’s not for nothing that he has earned the nickname “The Cooch” from DCist. But when he’s right, I have to acknowledge it: citing First Amendment concerns, Cuccinelli has chosen not to climb on the bandwagon with other states in filing an amicus brief on behalf of the family of Lance Cpl. Matthew Snyder. Effectively, this puts the AG on the side of the reprehensible Fred Phelps and his Westboro Baptist Church organization. But, as foul as Phelps and his family may be in their invective, their right to say it is protected, within reason, and must continue to be protected. From the press release:
…Snyder v. Phelps… could set a precedent that could severely curtail certain valid exercises of free speech. If protestors—whether political, civil rights, pro-life, or environmental—said something that offended the object of the protest to the point where that person felt damaged, the protestors could be sued…. We do not think that regulation of speech through vague common law torts like intentional infliction of emotional distress strikes the proper balance between free speech and avoiding the unconscionable disruption of funerals.
To the extent that Cuccinelli is sincere in his reasoning, I agree with him. There is, perhaps, more to this story…