Bizarre, Constitutional Law, Politics, Religion, Society

Father Ordered to Pay Westboro Baptist Church’s Legal Costs

In an action that has outraged many citizens, the United States Court of Appeals for the Fourth Circuit has ordered the family of Lance Cpl. Matthew Snyder to pay the legal costs of the extremist Westboro Baptist Church, which picketed Snyder’s funeral and celebrated his death.

In 2006, the Fourth Circuit reversed judgments against Westboro, a decision that I agree with on first amendment grounds. The Supreme Court has taken up the case.

The Church has announced that it will use the money to fund more protests at the funerals of fallen soldiers and Marines where Church members wave signs reading “You’re going to hell,” “God hates you” and “Thank God for dead soldiers.”

The Fourth Circuit ordered the family to pay more than $16,000 in costs requested by Westboro for copies of motions, briefs and appendices, according to court documents.

The Church members view the entire matter in more apocalyptic rather than procedural terms. Phelps, one of its leaders and lawyers, stated:
“When the Supreme Court unanimously upholds the 4th Circuit, it’s going to put this country in a rage, and we will be expelled,” she said. “But whenever it was time for an epic event in the Bible, the thing that happened right before is the prophets were removed from the land, and that’s what’s going to happen to us. … We’re going to sprint to the end of this race.”

Rule 39 states:

Rule 39. Costs
(a) Against Whom Assessed. The following rules apply unless the law provides or the court orders otherwise:
(1)if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree
otherwise;
(2)if a judgment is affirmed, costs are taxed against the appellant;
(3)if a judgment is reversed, costs are taxed against the appellee;
(4)if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the court orders.

I disagree with the assignment of such costs. For years, some jurists and politicians have been moving toward an “English rule” where losers pay costs in litigation. It is a rule that has a decidedly negative impact on public interest and consumer lawsuits. This is not as extreme as the English rule but it creates a chilling effect for any family that wants to be heard in such a case. It is particularly troubling when the family prevailed at trial in a clearly non-frivolous case. While I believe the Church has free speech rights in conducting these protests, I do not see the wisdom in the awarding of costs as a general rule in such cases against a private — as opposed to a governmental — litigant.

For the full story, click here.

76 thoughts on “Father Ordered to Pay Westboro Baptist Church’s Legal Costs”

  1. The fact is that court costs (as opposed to attorney’s fees) follow the play. Therefore, courts routinely award costs to the prevailing party. In making that determination, the court will consider the reasonableness of the costs incurred. Despite my disgust over the actions of the Westboro bunch, I know of no legal reason for objecting to the costs award in this instance.

  4. United States Court of Appeals for the Fourth Circuit shows no mercy.

  5. Prof. Turley: forget the request for the “explanation” of this case. I read the decision. I understand the theory behind it even though I can’t stomach the result. I guess all of the statutes that the states are passing trying to protect grieving families from this abuse will also be ruled unconstitutional restraint on free speech.

    This “Church” has 60 members, 50 of which are offspring or relatives of the “founder.” It is a commercial organization not affiliated with the Baptist Church. Somehow they came up with a significant amount of money to post bond while the appeal was pending.

    If anyone else is interested in reading the actual decision [Snyder v. Phelps], just do a Google of “4th Circuit Court of Appeals,” click on “Opinions” and do a phrase search of “Westboro Baptist Church.” Three case names will appear, the one dated 2009 is the one you want to read. The text online sometimes drops a line, but you can get the gist of it.

  7. “Costs” covers filing fees, transcript charges, photocopying and printing. It does not cover legal fees, which typically dwarf costs. Costs are routinely awarded to the prevailing party on appeal. What makes this case so special that this policy should be changed?

    Note that the award of costs is not a “movement toward the English Rule”. The “English Rule” also covers attorney fees, not just “costs”. The award of costs in the USA is is not a change, it is a longstanding practice.

  8. It’s a myth that in the English system the loser pays. It’s only sometimes that the loser pays. If the other side had unnecessarily ramped up the costs, for example by rejecting a reasonable offer of to settle or by excessive time spend on the case, or if the case is consider trivial (suing over a £1 loss for example) then they might have to pay for them themselves.

  9. mespo–

    “Were I the judges of the Fourth Circuit, I too would have awarded costs to the Westboro crazies. I would have done it just before awarding seven figure damages to the family of the fallen serviceman for intentional infliction of emotional distress — about twice the “church’s” net worth seems about right to me.”

    I’m with you.
    *********

    What the Westboro group was doing at the young man’s funeral was a kind of bullying. I would consider it a verbal hate crime. Can’t anything be done to stop crazies like these folks from picketing at the funerals of fallen soldiers and inflicting more emotional pain and suffering on the soldiers’ families and friends? Don’t the mourners have a right to be left alone when they pay their respects to dead loved ones?

  10. “Among the teachings of the church, which was founded in 1955 by pastor Fred Phelps, is the belief that God is punishing the United States for “the sin of homosexuality” through events such as soldiers’ deaths.”

    Isn’t imposing this sort of personal crap on people in such a hostile manner considered harrassment? Don’t they need permits to demonstrate?

    I just can’t get my brain around this nonsense…

  11. I would respectfully request that Jonathan explain his support for this decision. I would like to be educated on this issue. I am not disagreeing because he’s an expert and I don’t know that much.

    Also, I think the judge would have to approve any increase in the legal fees awarded by the circuit court. The church people would have to get court approval of any increase in fees. Also, they would have to prove the fees, not just throw out a number.

  12. We also have a rule that losing parties pay a portion of the winner’s costs. However, it is highly likely that in a case like this a judge would issue an order of no costs. That is common where a case raises issues of general public importance or where requiring the losing party to pay would not be fair or serve the interests of justice.

  13. Were I the judges of the Fourth Circuit, I too would have awarded costs to the Westboro crazies. I would have done it just before awarding seven figure damages to the family of the fallen serviceman for intentional infliction of emotional distress — about twice the “church’s” net worth seems about right to me.

  14. While I understand that the church members have a First Amendment right to free speech, when does that speech become the equivalent to yelling “Fire” in the crowded theater? This appellate decision is setting up a battle line between some crazy religious asshats and grieving parents and families of fallen soldiers. If we can be forced into Free Speech Zones behind fences for an inauguration, why can’t these miscreants be forced to do their protest a mile away from a very private event? I hope that the family is able to obtain the funds to appeal this to the Supreme Court.

  17. Bill Oreilly wrote a personal check to cover the court cost and he announced it on his show Tuesday. Funny how CNN doesn’t mention that. Probably why is the last thing they need is ti promote a Fox Show. The father announced yesterday that the church now wants $90,000.

  18. Here in Australia we don’t have quite the equivalent of the 1st Amendment, but we have free speech.

    From my memory we don’t seem to have such whackos that might hide behind free speech to cause personal distress while at the same time using the very Nation they say is being corrupted to defend themselves.

    Why? Fundamentally, I think we have greater respect for each other as human beings.

    I don’t believe that the framers of the 1st Amendment expected that it would be a tool for such inhumane division.

  20. At least these filth have the minimum level of intelligence to know what is coming.

    Since the government has once against turned against the US Military and the families of American servicemen, it behooves the People to deal with Phelp’s brood of vermin.

    I just hope and pray that our retribution upon them and their spawn is terrible and public enough that all think twice about ever behaving as they have done.

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