Funeral protest laws already having impact?

Some of my colleagues who are disgusted by the Phelps family’s freak shows nevertheless worry that state laws restricting funeral protests can’t withstand First Amendment challenges and will merely end up enriching the Phelpses.
Perhaps — but I think these laws are worth risking a court challenge. As a New York Times article reports, nine states have recently passed funeral protest bills and 23 others, including Kansas, will likely soon vote to pass one.
Most of these laws have been crafted in a reasonable, measured way with an eye to passing legal muster. They don’t ban speech but regulate it with “time/place” provisions that federal courts have recognized as one of the few constitutionally valid ways to limit speech.
“A funeral home seems high on the list of places where people legitimately could be or should be protected from unwanted messages,” Michael C. Dorf, a constitutional scholar at the Columbia University Law School, noted in the piece.
Others legal experts cite as precedent a 1988 U.S. Supreme Court case upholding a law that sought to keep anti-abortion pickets away from a private home.
At any rate, it’s interesting and telling that the Phelpses are largely avoiding states where the laws have passed , according to the article. I say call their bluff — and err on the side of protecting grieving families from vicious, uncivil, in-your-face harassment.
Posted by Randy Scholfield

18 Comments

  1. steve
    Posted April 18, 2006 at 8:21 am | Permalink

    If Bush can have a protest free zone, why can’t we have one for funerals?

  2. Rom Lewis
    Posted April 18, 2006 at 9:31 am | Permalink

    Someone will put a bullet in his head and that will slow things down a bit

  3. steve
    Posted April 18, 2006 at 9:57 am | Permalink

    In Kansas you’ll get met on a back road and throttled if you ridicule ID, but if you’re a christian fanatic, you’re a ‘made man’.

  4. raptor
    Posted April 18, 2006 at 3:59 pm | Permalink

    Seems to have worked today in Iowa. The cult stayed the legal distance.

    Wonder when they will make us all happy and drink some Jim Jones cool aid?

  5. Damoon
    Posted April 18, 2006 at 7:47 pm | Permalink

    It’s time we stand up and say “enough” to these bullies, I don’t care if it’s costly and in the courts for years, it’s still worth it.

  6. SpiderLady
    Posted April 21, 2006 at 4:40 pm | Permalink

    I think it is absolutely horrible of these people to interrupt funerals and I would almost call it justifiable homicide if someone died while protesting at a funeral. No one should have to suffer such indignity, especially at a ceremony for that person’s loved ones to gather and remember the life and times of the deceased.

  7. J R
    Posted April 21, 2006 at 4:56 pm | Permalink

    Heard Phelps’s sister on the radio the other day.

    I don’t think I have ever heard a voice leaded with such venom judgement and hate.

    Then I saw the same woman on tv. Same words, same evil sick voice. And she is ugly.I don’t mean she is unattractive. I don’t mean she is plain. I mean she is ugly.The hate just glowers from her eyes. Her pasty face suggests that aside from the protests, she rarely sees the light of day. It is almost as if sunlight would kill her. It is wrinkled in ways that suggest she rarely if ever smiles. Her entire visage is sinister and malevolent.

    There are people I do not like. There are people I hate with a burning passion. This woman and her words and her manner make me feel as if I am not even looking at a human being….she is…….despicable.

    I wonder how she looks to brother Fred when he rolls over in the morning.

  8. NoJoCo
    Posted April 21, 2006 at 11:33 pm | Permalink

    JR,You provided an accurate description of what she looks like. It obviously fits Fred too.

    Christ (God) did not intend those who follow him to behave like the Phelps. They should have a countenance that expresses hope and love. People should be attracted to them for these reasons, not repulsed by their unreasonable hate.

  9. Lady Donna Royce
    Posted April 23, 2006 at 2:20 am | Permalink

    Mr. Scholfield,

    What I want to know is why does not the US Government just totally outlaw this bunch for what they are. HOME GROWN TERRORISTS! Revoke their citizenship and then pack the lot off to some deserted island with enough supplies to last the lot for six months. After that, let them duke it out with each other and the land and let the lot of them die off.

    I have never been too hot on MAN’S version of God and the Bible. It seems that MAN has cast God in his image rather then man in God’s image and then MAN twists that image of God to fit whatever hate MAN has on for something or someone. To this end, I have given up on MAN’S version of Religion, Churches, (All of them are cults to me.) God’s word and God him/her self.

    In fact, if you were to sit down and read Exodus about the trip out of Egypt. You will see where God DID NOT even want a Temple (Church) at all! But did the people listen? Hell no! They pitched a temper fit until they got what THEY wanted and started this whole mess with Churches claiming they were speaking for God and killing and hassling those that do not agree with them.

    I do not have time for a God that (If you listen to fools like phelps and all these other cults.) is nothing more then a SPOILED BRAT that needs to have his/her ass paddled and sent to bed without supper for about 10,000.00 years! For my money, all of these Churches (Cults.) Need to be shut down until they all learn that what they are doing is dangerous and back off.

    Yes! I did say that all Churches and Religions are DANGEROUS! Look at history and tell me that they are not. Both sides of ALL wars have the nasty habit of fighting under the impression that “God (Or whatever name you wish to use.) is on our side!” “We have might on our side because God (Or whatever name you wish to use.) is behind us!” And so on, and so on and so on! Look at the crusades, look at the inquisitions. All that hate and killing IN THE NAME OF SOME UN NAMED, UN SEEN GOD!

    In fact it always was and always will be SOME MAN or WOMAN that hates someone or something and uses God and the Bible to back them up. Bloody hell! If one looked hard enough or picked this part and that part from the Bible, you could find or make up a passage that would tell you to hate a box of Corn Flakes and to destroy all Corn Flakes and Corn Flake lovers. The Bible is now nothing more then a book of hate and war the world over.

    So I say, shut the whole mess down until (If ever.) they learn to behave and start treating others better.

    Lady Donna Marie RoyceMinneapolis, MN

  10. Lady Donna Royce
    Posted April 26, 2006 at 7:30 pm | Permalink

    What is wrong people? Have I posted too hard of a question here? Does no one wish to jump in? Are you all afraid of the phelps cult? Or have I stumped the lot of you?

    Lady Donna Marie RoyceMinneapolis, MN

  11. Ian Santiago
    Posted April 26, 2006 at 7:34 pm | Permalink

    Oy Gevult! Da ancient sword mistress is back! rotflmosrfao

    Viva La Raza Blanco!!

  12. Lady Donna Royce
    Posted April 27, 2006 at 1:04 am | Permalink

    Ian,

    When I asked others to jump in, I DID NOT mean for a bigoted, brain dead, tool of the very far right religious conglomerate schmucks like you to get involved. Besides that. I THOUGHT YOU WERE BANNED FROM WE BLOG? What are you doing here?

    I will rephrase my statement. Is there anyone on WE Blog WITH INTELLIGENCE that wants to get involved in this little chit chat of mine?

    Lady Donna Marie RoyceMinneapolis, MN

  13. Capt'n Tom
    Posted December 11, 2006 at 6:02 am | Permalink

    Lady Donna as I am sure you are only too well aware most people are evil enough to mistreat others but as bullies are usually cowards too they feel the need for soem external justification to cleanse thier paper thin conciences. If its not religion they use it will be somting else such as an ideology or peverted science.

    Its along time since we chatted how are you and Pam keeping?

    Capt.n Tom Blood

  14. Michael Valiant
    Posted May 29, 2007 at 2:56 pm | Permalink

    For Lady Donna Marie Royce, GLBT community, as well as the Phelps cult:

    All of you are the same thing! Full of hatred. One exception is that the Phelps cult is at least honest about who they hate. On the other hand, GLBT, from my experience, not only have self-hate that goes against and isolates people in the GLBT community but also goes against straight people too. I know how I was mistreated by the GLBT community as an intersexed person. The GLBT pride parades (aka “Straight-Hate Parades”) are no different than Phelps cult protests. It’s just one group or another that acts the same with that except of one being more honest about their hate than others. Like it or not. I have the balls to challenge both groups of hate!

  15. Michael Valiant
    Posted May 29, 2007 at 2:57 pm | Permalink

    For Lady Donna Marie Royce, GLBT community, as well as the Phelps cult:

    All of you are the same thing! Full of hatred. One exception is that the Phelps cult is at least honest about who they hate. On the other hand, GLBT, from my experience, not only have self-hate that goes against and isolates people in the GLBT community but also goes against straight people too. I know how I was mistreated by the GLBT community as an intersexed person. The GLBT pride parades (aka “Straight-Hate Parades”) are no different than Phelps cult protests. It’s just one group or another that acts the same with that except of one being more honest about their hate than others. Like it or not. I have the balls to challenge both groups of hate!

  16. Michael Valiant
    Posted May 29, 2007 at 2:57 pm | Permalink

    For Lady Donna Marie Royce, GLBT community, as well as the Phelps cult:

    All of you are the same thing! Full of hatred. One exception is that the Phelps cult is at least honest about who they hate. On the other hand, GLBT, from my experience, not only have self-hate that goes against and isolates people in the GLBT community but also goes against straight people too. I know how I was mistreated by the GLBT community as an intersexed person. The GLBT pride parades (aka “Straight-Hate Parades”) are no different than Phelps cult protests. It’s just one group or another that acts the same with that except of one being more honest about their hate than others. Like it or not. I have the balls to challenge both groups of hate!

  17. Michael Valiant
    Posted May 29, 2007 at 2:57 pm | Permalink

    For Lady Donna Marie Royce, GLBT community, as well as the Phelps cult:

    All of you are the same thing! Full of hatred. One exception is that the Phelps cult is at least honest about who they hate. On the other hand, GLBT, from my experience, not only have self-hate that goes against and isolates people in the GLBT community but also goes against straight people too. I know how I was mistreated by the GLBT community as an intersexed person. The GLBT pride parades (aka “Straight-Hate Parades”) are no different than Phelps cult protests. It’s just one group or another that acts the same with that except of one being more honest about their hate than others. Like it or not. I have the balls to challenge both groups of hate!

  18. Mike
    Posted May 29, 2007 at 3:22 pm | Permalink

    Lady Donna Marie RoyceI agree with you 100%. I would suggest a book for you to read. Its called “God is not Great” by Stephen Hutchins. Very good book to read if you question the church and its practices.

    On a seperate note, I would ask what the difference is between Phelps protesting a funeral and the anti-abortion truck that pulls up next to me and my kids at a stop light? Everybody has seen the billboard truck with the mangled baby on the side. I don’t need to have to explain this to my 6 yr old. Again, what makes this group any different than Phelps’ group?