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Stras · 04-13-2010, 17:45

continued.

Having seen this group in action at over twenty funerals in Colorado, Texas, and North Carolina, I feel nothing but contempt for them. How dare they intrude and spread their filth when all the grieving family wants to do is mourn for their loved one and say good-bye. Don’t get me wrong, I’m not trampling on their First Amendment Rights. They can preach all the crap they want to on the other side of town, as long as they properly file the paperwork with the local authorities for their planned protest. This would permit WBC’s speech to be heard by passersby, but it would not incite a breach of the peace at the funeral where the family of a slain Soldier is burying their loved one. It is the same rational used in the Respect for Fallen Heroes Act. The First Amendment protects unpopular speech, and that is what WBC preaches. However, in my opinion, when the WBC gets in the face of grieving relatives with hateful/inflammatory language, that’s when their speech loses the protections afforded by the First Amendment because it crosses from political to personal, from words of opposition to fighting words. It is times like this when the saying: “if you are unwilling to stand behind our Troops, feel free to stand in front of them on the front lines” bears special meaning to me.

The Respect for Fallen Heroes Act, signed into law on 29 May 2006 by Congress prohibits protests within 300 feet (100 meters) of the entrance of any cemetery under control of the National Cemetery Administration (a division of the United States Department of Veterans Affairs) from 60 minutes before to 60 minutes after a funeral. Penalties for violating the act are up to $100,000 in fines and up to one year imprisonment. This act was voted on by roll call in the House with a majority of 408 – 3, and unanimously by the Senate. In May 2006, President Bush signed the Respect for America’s Fallen Heroes Act in response to Phelps’ protests at military funerals. In Dec 2006, an amendment was made to the federal criminal code making it unlawful for any person to engage in an activity within 60 minutes before and after, and within a specified distance of, a funeral of a member or former member of the Armed Forces at a cemetery other than a national cemetery that intentionally disturbs or tends to disturb the peace or good order of such funeral or impedes access to such funeral(6.). The Fallen Heroes Act does not provide protections for the grieving family at the church, funeral home, or the family’s private residence where the memorial service could be taking place. In April 2007, Kansas governor Kathleen Sebelius signed into law a bill banning the protest of funerals. North Carolina rewrote their Disorderly Conduct Statute in 2006; the bill sponsored by Senator Jacumin went into effect 01 Dec 2006. In addition, several States have drafted laws which outlaw funeral protests and protect the rights of families mourning the loss of a loved one. These include but are not limited to felony charges to protest within 500 feet (approximately 150 meters) of a funeral, a prison term and/or a substantial fine. Currently there are funeral protest laws in 38 states. At least three states are currently pending court rulings on the constitutionality of their laws.

In United States vs. Grace (1983), the Supreme Court held that the government may enforce reasonable time, place, and manner restrictions in public forums (streets, parks, sidewalks, etc.) only if the restrictions are content-neutral, are narrowly tailored to serve a government interest, and leave open ample alternative channels of communication. The government can prohibit a particular type of expression only if the prohibition is narrowly drawn to accomplish a compelling state interest(7.). I mention this because if the WBC is protesting on a public forum, then the Government can still regulate it if (1) the restrictions are content-neutral (meaning it doesn’t single out any one point of view on an issue); (2) are narrowly tailored to serve a government interest (the government interest here is to let mourners have time to grieve and prevent chaos/fighting); and (3) leave open ample alternative channels of communication (your “across town” approach and the Respect for Fallen Heroes Act provides in that the WBC can still say what they want but they must do so as not to interfere with a real religious service.

The First Amendment should not be re-written. It was written in such a manner as to provide the maximum protection with the least restrictions for unpopular speech.

It does not matter what your political views are, politics should never be involved in a funeral service for anyone. Let the family mourn their loved one in peace. A mourning family’s rights are every bit as important as an individual’s right to Freedom of Speech.

Additional Information:
(8.)
NC Statute § 14 288.4. Disorderly conduct. (a)
(8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional to the funeral or memorial service, including a military funeral, service, or family processional, or with the normal activities and functions occurring in the facilities or buildings where a funeral or memorial service, including a military funeral or memorial service, is taking place. Any of the following conduct that occurs within one hour preceding, during, or within one hour after a funeral or memorial service shall constitute disorderly conduct under this subdivision:
a. Displaying, within 300 feet of the ceremonial site, location being used for the funeral or memorial, or the family's processional route to the funeral or memorial service, any visual image that conveys fighting words or actual or imminent threats of harm directed to any person or property associated with the funeral, memorial service, or processional route.
b. Uttering, within 300 feet of the ceremonial site, location being used for the funeral or memorial service, or the family's processional route to the funeral or memorial service, loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification in a manner that would tend to impede, disrupt, disturb, or interfere with a funeral, memorial service, or processional route.
c. Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial.
As used in this section the term "building or facility" includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
(b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor.
(c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of:
(1) A Class 2 misdemeanor for a first offense.
(2) A Class 1 misdemeanor for a second offense.
(3) A Class I felony for a third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c. 1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539, s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001 26, s. 2; 2006 169, s. 1.)

References:
(1.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page xlvii
(2.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 36
(3.) http://en.wikipedia.org/wiki/Westbor...egal_responses
(4.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 83
(5.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 83
(6.) http://en.wikipedia.org/wiki/Fallen_Heroes_Act
(7.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 298
(8.) http://www.ncga.state.nc.us/Sessions.../SIN1833v2.pdf

04-13-2010, 17:45	#32
Stras Quiet Professional Join Date: Mar 2008 Location: Der Vaterland Posts: 2,311	part 2 continued. Having seen this group in action at over twenty funerals in Colorado, Texas, and North Carolina, I feel nothing but contempt for them. How dare they intrude and spread their filth when all the grieving family wants to do is mourn for their loved one and say good-bye. Don’t get me wrong, I’m not trampling on their First Amendment Rights. They can preach all the crap they want to on the other side of town, as long as they properly file the paperwork with the local authorities for their planned protest. This would permit WBC’s speech to be heard by passersby, but it would not incite a breach of the peace at the funeral where the family of a slain Soldier is burying their loved one. It is the same rational used in the Respect for Fallen Heroes Act. The First Amendment protects unpopular speech, and that is what WBC preaches. However, in my opinion, when the WBC gets in the face of grieving relatives with hateful/inflammatory language, that’s when their speech loses the protections afforded by the First Amendment because it crosses from political to personal, from words of opposition to fighting words. It is times like this when the saying: “if you are unwilling to stand behind our Troops, feel free to stand in front of them on the front lines” bears special meaning to me. The Respect for Fallen Heroes Act, signed into law on 29 May 2006 by Congress prohibits protests within 300 feet (100 meters) of the entrance of any cemetery under control of the National Cemetery Administration (a division of the United States Department of Veterans Affairs) from 60 minutes before to 60 minutes after a funeral. Penalties for violating the act are up to $100,000 in fines and up to one year imprisonment. This act was voted on by roll call in the House with a majority of 408 – 3, and unanimously by the Senate. In May 2006, President Bush signed the Respect for America’s Fallen Heroes Act in response to Phelps’ protests at military funerals. In Dec 2006, an amendment was made to the federal criminal code making it unlawful for any person to engage in an activity within 60 minutes before and after, and within a specified distance of, a funeral of a member or former member of the Armed Forces at a cemetery other than a national cemetery that intentionally disturbs or tends to disturb the peace or good order of such funeral or impedes access to such funeral(6.). The Fallen Heroes Act does not provide protections for the grieving family at the church, funeral home, or the family’s private residence where the memorial service could be taking place. In April 2007, Kansas governor Kathleen Sebelius signed into law a bill banning the protest of funerals. North Carolina rewrote their Disorderly Conduct Statute in 2006; the bill sponsored by Senator Jacumin went into effect 01 Dec 2006. In addition, several States have drafted laws which outlaw funeral protests and protect the rights of families mourning the loss of a loved one. These include but are not limited to felony charges to protest within 500 feet (approximately 150 meters) of a funeral, a prison term and/or a substantial fine. Currently there are funeral protest laws in 38 states. At least three states are currently pending court rulings on the constitutionality of their laws. In United States vs. Grace (1983), the Supreme Court held that the government may enforce reasonable time, place, and manner restrictions in public forums (streets, parks, sidewalks, etc.) only if the restrictions are content-neutral, are narrowly tailored to serve a government interest, and leave open ample alternative channels of communication. The government can prohibit a particular type of expression only if the prohibition is narrowly drawn to accomplish a compelling state interest(7.). I mention this because if the WBC is protesting on a public forum, then the Government can still regulate it if (1) the restrictions are content-neutral (meaning it doesn’t single out any one point of view on an issue); (2) are narrowly tailored to serve a government interest (the government interest here is to let mourners have time to grieve and prevent chaos/fighting); and (3) leave open ample alternative channels of communication (your “across town” approach and the Respect for Fallen Heroes Act provides in that the WBC can still say what they want but they must do so as not to interfere with a real religious service. The First Amendment should not be re-written. It was written in such a manner as to provide the maximum protection with the least restrictions for unpopular speech. It does not matter what your political views are, politics should never be involved in a funeral service for anyone. Let the family mourn their loved one in peace. A mourning family’s rights are every bit as important as an individual’s right to Freedom of Speech. Additional Information: (8.) NC Statute § 14 288.4. Disorderly conduct. (a) (8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional to the funeral or memorial service, including a military funeral, service, or family processional, or with the normal activities and functions occurring in the facilities or buildings where a funeral or memorial service, including a military funeral or memorial service, is taking place. Any of the following conduct that occurs within one hour preceding, during, or within one hour after a funeral or memorial service shall constitute disorderly conduct under this subdivision: a. Displaying, within 300 feet of the ceremonial site, location being used for the funeral or memorial, or the family's processional route to the funeral or memorial service, any visual image that conveys fighting words or actual or imminent threats of harm directed to any person or property associated with the funeral, memorial service, or processional route. b. Uttering, within 300 feet of the ceremonial site, location being used for the funeral or memorial service, or the family's processional route to the funeral or memorial service, loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification in a manner that would tend to impede, disrupt, disturb, or interfere with a funeral, memorial service, or processional route. c. Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial. As used in this section the term "building or facility" includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility. (b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor. (c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of: (1) A Class 2 misdemeanor for a first offense. (2) A Class 1 misdemeanor for a second offense. (3) A Class I felony for a third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c. 1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539, s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001 26, s. 2; 2006 169, s. 1.) References: (1.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page xlvii (2.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 36 (3.) http://en.wikipedia.org/wiki/Westbor...egal_responses (4.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 83 (5.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 83 (6.) http://en.wikipedia.org/wiki/Fallen_Heroes_Act (7.) The First Amendment, Geoffrey R. Stone… [et al.]. – 2nd ed. page 298 (8.) http://www.ncga.state.nc.us/Sessions.../SIN1833v2.pdf __________________ v/r Stras der Kriegskind SFA LXV De Oppresso Liber Last edited by Stras; 04-13-2010 at 17:48.
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