Supreme Court Strikes Down Missouri’s Funeral Protest Laws
In an effort to address members of the Westboro Baptist Church who show up to protest the funerals of fallen soldiers from the Iraq/Afghanistan wars with signs reading “Thank God for Dead Soldiers” the state of Missouri passed legislation disallowing protests at funeral services an hour before any funeral service and for an hour afterward. The state also required that any protests be at least 300 feet from ceremonies and procession.
The Supreme Court has decided that these restrictions are unconstitutional.
A federal judge ruled Monday that Missouri laws restricting protests near funerals are unconstitutional.
Missouri legislators passed two laws in 2006 in response to protests at servicemembers’ funerals by members of Westboro Baptist Church of Topeka, Kan. The church contends the deaths are God’s punishment for the U.S. tolerating homosexuality.
U.S. District Judge Fernando Gaitan ruled the laws violate the right of free speech guaranteed by the U.S. Constitution.
The primary state law had barred protests near any church, cemetery or funeral establishment from an hour before until an hour after any funeral ceremony, procession or memorial service. The secondary measure specifically stated protesters must stay back at least 300 feet from ceremonies and processions. Both provisions levied the same penalty: up to six months in jail and a $500 fine for a first offense and up to one year in jail and a $1,000 fine for repeat offenders.
Gaitan concluded Missouri officials did not demonstrate the protest restrictions served a significant government interest nor that they had been narrowly tailored to prevent the harm of interruptions of funeral services. The judge wrote he was sympathetic to the argument people attending a funeral deserve some protection but noted a federal appeals court previously rejected that argument.
I recognize the right of the Westboro Baptist Church members to protest, no matter how offensive and mean-spirited I find their motivation for protest. But I find it odd that federal courts would reject the need for protections for those holding and attending these funeral services.
Do those people not also have some rights? Such as the right to assemble peacefully? The right to practice their religion (keep in mind that most funerals are religious services)?
We all have rights, but does one group of people’s rights trump the rights of another? Obviously not, therefore we have to find some way to balance those rights so that they can all be exercised without one group running roughshod over the rights of another. Missouri’s law seemed like a reasonable sort of balance for the free speech rights of the protesters and the assembly/religious rights of the funeral attendees.
Clearly, the Supreme Court doesn’t think so.
Tags: free assembly, free speech, missouri, Supreme Court, westboro baptist church



