Should protesters be permitted to disrupt military funerals?

Bounty Hunter

Do proposed State Laws infringe on the Westboro Baptist Church and it's First Amendment Rights?

This issue is now being taken up by the ACLU.

How interesting that an organization so bent on removing God from anything and everything printed, posted or media, is now supporting a Church....

I have noted that protesters at Presidential speaches are kept 3 blocks away, yet that is not considered infringement.

I know where I stand...

Opinions?

Pyromaniac

Interruption of any funeral, military or not, by a person or group that are protesting or demonstrating for a cause should be illegal. It's a funeral for God's sake, let people mourn their dead w/o some assho1e trying to make a statement and attracting the media.

Adjunct

There are guarantees in the constitution for freedom of speech and assembly. I think those guarantees should not take the place though of common decency. There is a time and place to speak and gather, a time of mourning for those who sacrificed and died in any effort for this country is bad taste.

Should it be illegal, I don't think we should have another law forbiding something like that, I would just hope people would have more class and common sense. If a persons need to protest at a fallen hero's funeral is not one of the least respectful let alone rude things I do not know what is.

My answer is that the person whom they are protesting against, died to protect the very right for the person to protest. Back off and let the man/woman be honored for their sacrifice, don't turn it into a circus for selfish needs.

Member

I believe that courtesy and decency says to not do it during a funeral. However, because some people are so self-centered, we have to have the laws.

The constitution also says we have a right to bear arms. But there are laws that state where we can and can not have weapons. Same thing.

We have the right to free speech. We just need rules regarding where and when in order to make our country run more efficiently.

Puppy Love!

I believe it should not be illegal (right to free speech).

I also believe in the law that protects people that act out in moments of rage.

Like when people protest at military funerals.

Member

There's an enormous amount of case law out there on this. (I just read it all for yesterday's final-- ba dum bum.)

A state could quickly pass a statute disallowing this and it would be challenged but if it could pass a couple of criteria it could do it. The criteria are based on a case called US v. O'Brien, in which Mr. O'Brien burned his draft card. It's conduct that is covered under speech. Pretty much it asks if the gov's rule is legit, was there a less drastic means to protect everyone's 1st Amendment right, and did the gov have a legitimate reason to do this.

I think military funeral peace order and dignity are compelling and I think the gov can say that this is the least drastic measurement it can take. The restriction wouldn't be about free speech or the right to associate, it's a time-place-manner restriction. The gov isn't saying you can't protest, it's saying you can't protest during this time or in this place or at this decibel level. That kind of thing is done all the time so I don't see why it can't happen here. Moreover, the Supremes give wide deference to almost anything militarily related so I can't imagine it would come down any other way.

Ranger's right. Protesters at RNC or DNC conventions have to be a certain amount of space away from the actual convention, protest outside schools can't take place when it would disrupt the curricula, and can't take place right next to an abortion clinic while surgery is occurring. I don't see what distinguishes this case.

Bounty Hunter

Rep. Mike Rogers (R-MI) Sponsor of the bill
Chairman Steve Buyer (R-IN) House Veterans' Affairs Committee

Rep. Silvestre Reyes (D-TX)

Rep. Dale Kildee (D-MI)

plus other members---there are approx. 200 cosponsors for this legislation.

Respect for America's Fallen Heroes Act - Prohibits a person from carrying out a demonstration: (1) at a cemetery under the control of the National Cemetery Administration or at Arlington National Cemetery, unless the demonstration has been approved by the cemetery superintendent or director; or (2) within 500 feet of a cemetery at which a funeral or memorial service is to be held, for a period beginning 60 minutes before and ending 60 minutes after the funeral or service, if such demonstration includes any individual making noise or a diversion that disturbs the peace or good order of the funeral or service.

Amends the federal criminal code to provide criminal penalties for violations of such prohibitions.

Expresses the sense of Congress that each state should enact legislation to restrict demonstrations near any military funeral.

I would add LEO and Fire Fighers to this legislation, as the WBC seems to think the funerals of these brave folks are appropriate forums as well.

Member

So is the law just for military funerals?

Bounty Hunter

ACLU Sues Kentucky for Restricting Funeral Protests
By Susan Jones
CNSNews.com Senior Editor
May 02, 2006

(CNSNews.com) - The American Civil Liberties Union of Kentucky filed a federal lawsuit Monday, challenging Kentucky's new restrictions on protests at military funerals.

The bills, singed into law on March 27, are aimed at members of Westboro Baptist Church in Topeka, Kan., whose protests at the funerals of fallen U.S. servicemen have prompted a national outcry.

The Westboro group says God is punishing American troops in Iraq for defending a nation of homosexual sinners. The group carries banners reading, "God Hates Fags," and "Thank God for Dead Soldiers."

Kentucky law now restricts protests within 300 feet of funerals, wakes, memorial services, and burials. It also forbids the use of bullhorns in such protests.

But the ACLU said the legislation also prohibits "non-disruptive, non-disorderly speech" as well as visual displays.

"The ACLU lawsuit recognizes that Kentucky has an interest in showing respect and compassion for those who have died in military service and for their families, but argues that sections of these laws go too far in prohibiting peaceful protests," said a posting on the ACLU-Kentucky website.

The ACLU said it filed the lawsuit on behalf of Bart McQueary, a Kentucky man who has protested with the Westboro group three times over the last few years.

"Mr. McQueary clearly has the right to express his message in a non-disruptive manner, even if others disagree with him," said Lili Lutgens, a staff attorney for ACLU of Kentucky. "That's what the First Amendment is all about."

McQueary, fearing prosecution, is unable to express his opinion, Lutgens said.

The new laws are so broad, according to the ACLU brief, that they could make it a crime to whistle while walking down the street within earshot of a funeral; or to stop for a conversation on a public sidewalk near a funeral home or church while a funeral service is in progress.

The laws may even prevent groups like the Patriot Guard Riders, a group of pro-military bikers, from being close enough to support the families of soldiers who have died in Iraq during military funeral protests.

"The Commonwealth simply cannot prohibit free expression because it doesn't like certain activities, nor can it suppress the speech of groups or individuals because it doesn't like the message," Lutgens said. "The First Amendment applies to all of us."

Bounty Hunter

Member

Isn't beating to a greasy pulp - the whole inbred Phelps mob covered under freedom of expression in the Constitution?

I mean how much more clearly can one express a political opinion?

Oompa Loofah

Member

What I don't get, is what are the Phelps clan protesting about at these military funerals? What point are they trying to get across? It doesn't seem connected to the funerals at all, just a place to get media attention, or am I missing something??

I am very torn on this issue. Mostly I come down on the side of freedom of speech, but protesting at a funeral is beyond the bounds of decency. And 'protesting' by shouting hateful slogans is abhorrent. I would like to think common decency would regulate that kind of thing, but unfortunately there are a lot of cruel people out there.

Oompa Loofah

Member

Should protesters be permitted to disrupt military funerals?

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