ACLU Challenges Kentucky Funeral Protest Law
From BreitBart.com (AP story):
Portions of a new Kentucky law intended to prevent protesters from disrupting funerals for soldiers killed in Iraq are unconstitutional, the American Civil Liberties Union said in a federal lawsuit filed Monday.
The ACLU argues that sections of the law go too far in limiting freedom of speech and expression.
Members of the Topeka, Kan.-based Westboro Baptist Church have protested at military funerals in several states. The church claims the soldiers’ deaths are a sign of God punishing America for tolerating homosexuality.
The new law, signed by Gov. Ernie Fletcher in March, bans protests within 300 feet of memorial services, wakes and burials. Violators can be charged with first-degree disorderly conduct, punishable by up to a year in jail…
This is somewhat rare and distasteful: I agree with the ACLU on this matter as stated in this article. This is an issue of free speech, a fundamental right guaranteed by the First Amendment. It goes beyond the repugnant message and despicable antics of Fred Phelps and his anti-Christian sycophants and is one of the very freedoms these fallen soldiers made the ultimate sacrifice in defense of. I doubt this comes as much of a surprise to anyone here who has read my previous opposition to similar proposed legislation in other states.
Brett Hall, the spokesman for Kentucky Governor Ernie Fletcher, is quoted on the Governor’s behalf stating:
“The public should respect their dignity in a very difficult time, that’s why this law was passed. It’s inconceivable why anyone would want to protest at a military funeral while family members are there.”
I certainly agree with Mr. Hall that the families of these slain soldiers, and indeed the memory of the soldiers themselves, deserve respect and dignity particularly during such a time of mourning, yet even at these times the freedoms these servicemembers defended cannot be set aside. Make no mistake in that I hold Phelps, his group, and Bart McQueary, the Kentucky man who filed suit with the help of the ACLU against this law, in complete and utter contempt. However, these idiots are entitled as Americans to the same rights and freedoms each one of us enjoys. Of course it goes without saying that so do the Patriot Guard Riders, Protest Warriors, and anyone else who wishes to support these families and oppose this miserable bunch. In fact, if I may be so bold, perhaps those people nearby Topeka, Kansas, objecting to Phelps’ protests of military funerals should exercise their free speech rights at that lair of hatred, the Westboro Baptist Church located at 3701 W. 12th Street. It would be interesting to see how these folks enjoy having their services disrupted by folks taking a page from their book and freely expressing themselves quite loudly.
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Excellent suggestion. I hope some of our Kansas brothers will do just this. As for me in Georgia, I would not waste the gas to get in the face of these scumbags.
Comment by Scott — May 2, 2006 @ 9:14 pm - May 2, 2006
KKK, Oliver North, Limbaugh, Phelps, Nazis…the ACLU reads the Constitution and then acts. Sometimes their causes give one pause, but their arguments are always based on a reading of the Constitution.
Agape.
Comment by Gene — May 2, 2006 @ 9:42 pm - May 2, 2006
The easiest, though messy, solution to such disrespect is to issue the military honor-guard live ammo for the traditional three volleys…and aim low!
More distressing is the lack of buglers to render the Honors. Fewer and fewer high school kids are learning the trumpet, and far fewer are asked/volunteer to play at military and veterans’ funerals. The US Military is struggling to provide buglers through active and reserve personnel; but they have been forced to substitute a digitally-sampled faux-bugle that “plays” the Honors. http://www.ceremonialbugle.com/ (Anyone remember Maxwell Smart’s self-playing trumpet?) At least it’s better than a boom-box; which has being pressed into service at some funerals.
If you know a kid, or have one, who plays and is a patriot; ask or suggest that he/she volunteer hisher services. It would ease the pain for some veteran’s family and friends to have the Honors rendered correctly. My father rendered the Honors in his Minnesota hometown all through WW2 when he was in high school, and it means a lot to military families.
Comment by Ted B. (Charging Rhino) — May 2, 2006 @ 9:50 pm - May 2, 2006
My dad used to play trumpet in college, but he’s fallen out of practice.
BTW, wikipedia used to have an article on Bart McQueary’s background (he was a porn webmaster and a general bully), but it was removed because he himself kept vandalizing it.
Comment by Attmay — May 2, 2006 @ 10:33 pm - May 2, 2006
The right of a soldier’s family and friends to gather for a funeral service or interment is more important than somene’s right to stand on a sidewalk and wave obscene signs demeaning the fallen soldier.
Fred Phelps’ first amendment right of free speech hasn’t been hindered. He can stand in his Topeka pulpit anytime he wants and spew his hatred.
Comment by Trace Phelps — May 3, 2006 @ 4:20 am - May 3, 2006
No Trace, even Phelps has the right to protest.
Comment by Average Gay Joe — May 3, 2006 @ 4:42 am - May 3, 2006
Here in Michigan, the state legislature is in the middle of adopting a similar law limiting protesters to a minimum of 500 feet from a military funeral. It’s passed the House 102-1 week b4 last; headed for speedy vote in the Senate and Governor Good Smile says she’ll sign it –she is never one to miss the opportunity to get in front of movement.
It would make Michigan the 10th state to enact the proscription. Protesters can still protest and spew their sick, hatefilled message but at a modest, respectable distance.
I disagree with others here who write that to adopt such a law somehow dishonors the very values these men and women died for… and their families have sacraficed for –that’s a patently dramatic BS-ridden cliche. Their funeral isn’t the time to honor America’s rich tradition of tolerance toward protest and the right to redress government… it’s a time to honor the fallen soldier, the sacrafice of the family and community, and pay tribute to their service to the country, the Nation, the Free World.
Protesters in DC and elsewhere are often moved to alternate spaces by pre-planning police teams in an effort to allow for protest but not at the expense of others… it’s practical and prudent.
This case with Phelps’ folks grabbing the headlines on the occasion of a military funeral is no different.
Comment by Michigan-Matt — May 3, 2006 @ 9:00 am - May 3, 2006
Of course, the unprincipled ACLU supported the identical law that specified how far away abortion protesters had to be.
Comment by rightwingprof — May 3, 2006 @ 9:17 am - May 3, 2006
As someone who someday may be in that box while my family stands around me, I think Fred Phelps is disgusting. His “church”, not recognized by any orgainzational body, consisting of over 80% of his own family, and less than 100 memebers, his “church’s” main focus is homosexuality. They degrad (spit on, stand on) the American flag and carry signs with offensive messages and words. Several weeks ago they protested outside of Walter Reed Medical Center, full of soldiers and families just returning from the battlefield. If some grizzeld MSG with a bad case of PTDS had run em down with his SUV, I’d've bout him a beer. Freedom of Speech only goes so far. Hate speech is wrong. If people walked around with “God Hates Niggers” (and yes I know the KKK might/has) it’d get more attention. Freedom of expression doesn’t cover or condone those activties that disrupt public life. If I were to streak at someone’s funeral, I’d get arrested, even though I’m only expressing myself. If I were to blast death metal at a funeral, I’d get arrested. There is nothing wrong with these laws in my opinion.
Comment by Red — May 3, 2006 @ 3:47 pm - May 3, 2006
AverageGayJoe, you can argue all you want to the contrary but the family of the fallen soldier has rights that must be respected. There’s more to the Constitution than the First Amendment’s reference to freedom of speech.
As a good friend of mine previously commented at GayPatriot on this subject, most funerals are religious services. Free speech out on the sidewalks should not be allowed to disrupt a religious service.
I don’t know if the Founding Fathers intended to “rank” rights, but in the First Amendment the right to exercise one’s religion appears at least equal to free speech.
Comment by Trace Phelps — May 3, 2006 @ 9:27 pm - May 3, 2006
From the post
However, these idiots are entitled as Americans to the same rights and freedoms each one of us enjoys. Of course it goes without saying that so do the Patriot Guard Riders, Protest Warriors, and anyone else who wishes to support these families and oppose this miserable bunch.
True, but generally gov’t can, under the 1st amendment, impose reasonable time, place and manner restrictions on speach, as long as the restrictions are content neutral and serve a governmental interest. I don’t know the details of the Kentucky law, but, unless the restrictions are not “reasonable” with regard to time, place or manner, or if they are not content neutral, I don’t see a constitutional problem with the law.
Comment by raj — May 4, 2006 @ 7:27 am - May 4, 2006
Just to be clear: requirements of say 500 feet from funeral homes for protesters during services should pass constitutional muster, just as they did for abortion protesters challenging the FACE law. Probably the same can be said for noise levels (not sure on this though). I was referring more to what is in Maryland’s law of banning all protests an hour before funerals and during the services. I assumed Kentucky followed Maryland’s lead. That is unconstitutional and will not stand in court.
Comment by Average Gay Joe — May 4, 2006 @ 7:34 pm - May 4, 2006
I’m sorry AGJ, but you are wrong. This is NOT about free speech.
Three words: Time, Place, Manner. There is a VERY well established legal doctrine that you can regulate the time, place, and manner of free speech as long as you don’t ban the message itself.
Yes, everyone has the right to be heard. We could not shut down their hateful website, we could not ban their message, we could not keep them from publishing fliers, etc. We absolutely CAN keep them from disrupting funerals. Just as abortion protesters can be restricted a certain amount of feet away from clinics. There are actually thousands of laws restricting WHEN and HOW you can engage in First Amendment rights, without being censorship in an anti-American sense in the slightest.
Note though that any laws banning specific ideas, like a law directed at the CONTENT of these nuts’ speech, would rightly be unconstitutional.
Comment by Amber — May 4, 2006 @ 9:29 pm - May 4, 2006
Yes, these idiots are entitled to the same rights as the rest of us but they should also be held to the same level of responsibility. There are laws about disturbing the peace! If someone is outside your window shouting away at 2 in the morning do we let them carry on because of free speech? Can a heckler stand up and disrupt a Catholic Mass because they do not agree with the policies of the Church? etc. etc.?Unbridled free speech is verbal chaos. We have right to a social structure with some degree of dignity and integrity. And if we have to pass a law to do…I’ll sign the petition.
Comment by JimG — May 6, 2006 @ 12:12 am - May 6, 2006
I love the ACLU as much as the next guy, but on this point they are wrong. And something tells me even Justice Thomas would agree.
Comment by ralph — May 6, 2006 @ 3:32 pm - May 6, 2006
I like the idea of disrupting THEIR religious services.
Let’s get together the kids who sat in a circle and howled like wolves in “Death to Smoochy”- and pay them by the hour to drown out Fred Phelps’s so-called preaching. When their voices give out, we could start up a few brass bands playing at top volume, and see how WBC likes it. We could also wave signs in imitation of their lurid messages. Things like “SATAN LOVES WBC” “IED hit WBC 1996-God cracked up laughing”. Just do unto them as they do unto others…oh, well, one can dream.
Comment by Frank — July 16, 2006 @ 5:54 pm - July 16, 2006
All that is necessary for the triumph of evil is that good men do nothing
Comment by Mike Kelley — October 2, 2006 @ 8:42 pm - October 2, 2006