Free Speech

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Irregular News for 07.25.06 :: Grrrrr :angry:

Kansas City, MO -- A Kansas church group that protests at military funerals across the nation filed suit in federal court Friday, claiming a Missouri law banning such picketing infringed on religious freedom and free speech.

The American Civil Liberties Union filed the lawsuit in U.S. District Court in Jefferson City on behalf of the fundamentalist Westboro Baptist Church, which has outraged mourning communities by showing up at soldiers' funerals with anti-homosexual signs.

The church and the Rev. Fred Phelps claim God is allowing soldiers, coal miners and others to be killed because the United States tolerates homosexuals.

Missouri lawmakers were spurred to action after the church protested in St. Joseph last August, at the funeral of Army Spc. Edward Myers.

The law bans picketing and protests "in front of or about" any location where a funeral is held, from an hour before it begins until an hour after it ends. It makes it a violation a misdemeanor, with fines and possible jail time that increase for repeat offenders.

A number of other state laws and a federal law, signed in May by President Bush, bar such protests within a certain distance from a cemetery or funeral.

In the lawsuit, the ACLU claims the wording of Missouri's ban seeks to limit the group's free speech based on the content of their message. They are asking the court to declare the ban unconstitutional and to issue an injunction to keep it from being enforced, which would allow the group to resume picketing.

"I told the nation as each state went after these laws that if the day came that they got in our way, that we would sue them," said Phelps' daughter Shirley Phelps-Roper, a spokeswoman for the Topeka, Kan.-based church. "At this hour, the wrath of God is pouring out on this country."

Scott Holste, a spokesman for Missouri Attorney General Jay Nixon, said, "We're not going to acquiesce to anything that they're asking for in this lawsuit."

The suit names Nixon, Gov. Matt Blunt and others as defendants.

source

 
So where do you draw the line between free speech and harassment? No seriously, there has to be a way to define the difference..

 
sick bastards. if they should be protesting anything, it should be the government, not a soldier who does his duty and gives his life for these wackos so they can protest at his funeral.

 
So where do you draw the line between free speech and harassment? No seriously, there has to be a way to define the difference..
Click to expand...
Good question - but it's very difficult to define the line between free speech and harassment. As an example, here is Arkansas' criminal code on harassment, which is similar to most states:

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:

 

(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;

 

(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;

 

(3) Follows a person in or about a public place;

 

(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;

 

(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or

 

(6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or annoy.

Note the bolded text, particularly the phrase "...and that serves no legitimate purpose" in number (5).

The right to free speech was intended to prevent the government from "blocking" unpopular statements - no matter how outrageous or offensive. In fact, that's why you can generally curse to your heart's content in public - there was a U.S. Supreme Court case that addressed that issue decades ago, and noted that the public has to be prepared, in a free society, to be exposed to offensive statements.

Quite frankly, I'm not sure where you draw the line...

 
My roommate from college is a Marine and he made us promise him that if he were to give his life while fighting for our freedom. We were suppose to kick this people's asses if they were to show up at his funeral. I would definetly uphold his wishes, I don't care how much jail time or fines I would be looking at.

 
I did not even know people could protest at a funeral :dunno

It doesnt matter if it is a soldier, a baker or a candlestick maker protesting at a funeral is pointless.

Fred Phelps is a tard anyway. He would show up at our "baptist" church when I was a kid and protest us. He should be in Iran hanging with people of his own kind.

Oh by the way I will be heading to Lincoln's grave and protesting his foreign policy during his term if anyone is interested

 
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