Free Speech vs. a normal funeral

[kc10family]

So does that mean that a group that proclaims family values can picket a hospital where unwed mothers give birth??

It's always been allowed to protest at funerals. It's not opening any flood gates - beyond this church I've never heard of anyone wanting to protest at anyones funeral.(though I'm sure it's happed before).

it will open the flood gates for people to have the okie dokie to do so and we will see other "groups" protesting funderal for any reason military or not.

 

[dodukes]

it will open the flood gates for people to have the okie dokie to do so and we will see other "groups" protesting funderal for any reason military or not.

I don't think this will see a rise. Our right to protest and free speech has always been there, while I'm sure there have been a few protests (few and far between i bet) that we dont hear about, I have never heard of anyone protesting a funeral. ANd people protest at abortion clinics all the time.

These people are just whack jobs but it is still their right to be whackjobs and protest.

 

[Acklander]

it will open the flood gates for people to have the okie dokie to do so and we will see other "groups" protesting funderal for any reason military or not.

I highly doubt it - I give people more credit than that. The right to protest funerals has always been there, people choose not to do it. The Westboro Baptist Church has been doing it for years and years, and I haven't seen anyone else jumping on the bandwagon. I think for a large majority of the population we agree that what they do is horrible. It's not against the law to be a horrible, cruel, miserable person.

 

[arminnie]

My mother while she did not die in combat had a military salute because of her service in the Navy (during war time too).

I cannot imagine having people come harrass me at such a time of sorrow. How interesting that "they" (the authorities) would never let this happen at a president's funeral. But we the common folk are expected to just put up with it?

I know a woman who died recently at a very young age, from complications that were directly attributed to extreme morbid obesity. Would it have been okay if when I attended the memorial service I'd whipped out signs saying "Death to Fatties"?

 

[Acklander]

I know a woman who died recently at a very young age, from complications that were directly attributed to extreme morbid obesity. Would it have been okay if when I attended the memorial service I'd whipped out signs saying "Death to Fatties"?

If you got the proper permits to protest, you would have been legally allowed to.

 

[dodukes]

My mother while she did not die in combat had a military salute because of her service in the Navy (during war time too).

I cannot imagine having people come harrass me at such a time of sorrow. How interesting that "they" (the authorities) would never let this happen at a president's funeral. But we the common folk are expected to just put up with it?

I know a woman who died recently at a very young age, from complications that were directly attributed to extreme morbid obesity. Would it have been okay if when I attended the memorial service I'd whipped out signs saying "Death to Fatties"?

Well if you wanted to, then yes, you have a legal right to do that. As I just learned on the other thread or this one, on one of them anyway, you have to have a permit and then you can spew all the anti fat sentiment that you want as your legal right as a US citizen. Is it terrible for you to do that, I think so, but doesnt mean that its legally wrong to do it.

 

[lovemygoofy]

I don't know if many people have had the run ins and actually seen this people in action. I have seen these people in action several times.

I understand people have the right to free speech but you will never convince me that these people have the right to disrupt someone's elses life because they have hate to spew. It's essentially one person's right to privacy and grief against someone else's right to spew hate. I'd like to think that common courtesy would trump the spread of hate but what do I know.

I've seen the circus that comes out when these people come to town. They set up shop with their "thank god for another dead soldier" and then here comes the counter march whether it be the rolling thunder, the bag pipers, the silent protest people. Let's not forget the circus leader of the media ringing this all together.

Most people get caught up in all this seem to forget this is a real family of spouses, parents, siblings and kids who are devastated and heartbroken. I believe with all my might that there needs to be placed above all else right that moment especially the peons that are trying to spread hate.

I planned a funeral laste year for a military member and I caught word that these people had plans to come picket this family I was working with. I went to city hall and petioned for every corner and every street within 5 blocks of the church. I asked for a petition for every half hour for 72 hours and I had people rotated sitting on different blocks. Just sitting there no signs no flags nothing but a book and some thermos. You'd never known why that person was there. Because I went ahead of time the peitions were denied to the hate people and they did not come to town. Maybe I outsmarted them maybe I didn't but there was one family that was allowed a funeral instead of a circus.

 

[curious3069]

I wonder if it is "MY RIGHT" to protest at a funeral and say the person died because because they liked chocolate ice cream and God hates those who like chocolate ice cream.
Is it "my right" to protest at your family members funeral because I dont like what he or she did for a living? Maybe your an MLM sales person
Is it "my right" to protest at the funeral of your new born baby? Why I believe your baby died because God hates you for having a gay family member?



If the court says it is ok to protest at funerals, it will open the flood gates to protest and any funeral. Protesting Anyone from John Doe small town guy to the passing of a former President or your young child. Any will have the right to have a sign and sing "ding dong the witch is dead" or I am so happy said person is dead.

Everyone already has the right to protest at funerals, so I don't really understand what you mean. If I wanted to stand outside a funeral and sing, I could as long as I was following whatever local regulations were in force.

 

[Geoff_M]

The case isn't about the right of such groups to be able to protest, it's about whether or not a family is allowed to sue such groups for emotional distress for doing so at a funeral. While I find the actions of the "church" to be abhorrent, I have a hard time trying to figure out where to draw the line where someone can be sued for expressing opinions if others find those opinions extremely upsetting. The Supreme Court has long held that strong negative reactions from others cannot be used as a justification for restricting the right to Free Speech. I think back to the case of the Neo-Nazi rally in Skokie, IL (then the home of many Holocaust survivors). That rally was no doubt as emotionally distressing to Jewish members of the community that lived through WWII, but the Court held that it was perfectly legal and Constitutional.

From what I've read, Court watchers have reported that the Justices from their questioning didn't seem to be buying the family's lawyers arguments that the lawsuit should stand. Also harming the family's chance may be the fact that the lawsuit stretched beyond the protest itself and referenced postings on the group's website that they found upsetting.

Updated: On the ABC radio report about the case I heard on the way home, another problem for the family is the fact that apparently they didn't come in contact with the protesters and didn't actually see the offensive signs at the funeral, but instead saw them on TV news reports after the fact.