Obviously we don't know the reasoning behind the Supreme Court justices' votes to either hear or decline a case but either way an 8th Circuit Court of Appeals ruling prohibiting the enforcement of a law banning anti-gay protests near military funerals will stand.
Vigilance and discipline is required to protect our freedom. Often we'll be challenged to uphold the rights of those whose positions we abhor (holocaust-deniers included). Fred Phelps' rights are our rights. There are ways of responding that stop short of censorship.