Ky. Law Makes Protesters Back Off Funerals

[ABSTRUSE]

Ky. Law Makes Protesters Back Off Funerals
FRANKFORT, Ky. - Flanked by National Guardsmen and veterans of all ages, Gov. Ernie Fletcher signed a law Monday to force protesters to keep their distance from military funerals.



The measure is aimed at members of Westboro Baptist Church of Topeka, Kan., who have demonstrating around the country at funerals for soldiers killed in Iraq. Carrying signs with slogans such as "God Hates Fags," the protesters claim that U.S. soldiers are dying because God is punishing America for tolerating homosexuality.

Kentucky is one of five states that have enacted such laws, and a number of others are considering legislation.

"It's a hard thing to go to a man's funeral and pay your respects when you have people out there shouting obscenities," said Herman Griffin Jr., a member of the Veterans of Foreign Wars.

The merasure requires protesters to stay at least 300 feet away from funerals or memorial services. Violators can get up to a year in jail.

The Westboro group has protested in several places in Kentucky, including Fort Campbell, home of the 101st Airborne Division. The protesters typically carry signs that read "Thank God for IEDs," a reference to the improvised explosive devices, or roadside bombs, used by insurgents in Iraq.

In your face Phelps!!!

 

[cloudy]

Wonderful news!

 

[sophia jane]

Too bad they're only passing it for military funerals.

 

[ABSTRUSE]

Too bad they're only passing it for military funerals.

True.

 

[SEVERUSMAX]

True.

Well, it's probably unconstitutional, but I can understand the temptation. Utters quick prayer to Nemesis.

 

[zeb1094]

Damn, I thought that Ky would be the first state to legalize the hunting season on vet. funeral protesters. *puts away Kate* Crap!

 

[ElizabethWest]

KFlanked by National Guardsmen and veterans of all ages, Gov. Ernie Fletcher signed a law Monday to force protesters to keep their distance from military funerals.

This is just about the only good thing the bastard has done for us.

 

[ABSTRUSE]

Damn, I thought that Ky would be the first state to legalize the hunting season on vet. funeral protesters. *puts away Kate* Crap!

Go ahead, I don't think anyone would mind.

 

[zeb1094]

This is just about the only good thing the bastard has done for us.

Oops, and another satisfied citizen of Ky is heard from!

 

[ElizabethWest]

Oops, and another satisfied citizen of Ky is heard from!

Sorry, I'm a bit biased. We were hoping the military would shoot him down when his plane flew into unauthorized air space while attending Reagan's funeral in 2004, but no such luck.

 

[rgraham666]

Good.

I'm waiting for the day Mr. Phelps goes to his eternal reward, and finds out who he was actually following.

 

[Liar]

Good.

But 300 feet is kinda generous.
And why only military funerals?

 

[Svenskaflicka]

I'm imagining a scene where Phelps is crouching, blushing, in front of God, who yells at him: "What the fuck where you THINKING????"

 

[Stella_Omega]

I'm imagining a scene where Phelps is crouching, blushing, in front of God, who yells at him: "What the fuck where you THINKING????"

Or where he is confronted by the souls- if you believe that way, and he seems to- of every man and woman that he's wronged.

 

[minsue]

I don't think it'd stand up in court. Especially since it only applies to military funerals. If they had made it more sweeping, that everyone has the right to a dignified funeral, they might have had more luck. As it stands, I think it'll fall if challenged.

 

[Colleen Thomas]

I don't think it'd stand up in court. Especially since it only applies to military funerals. If they had made it more sweeping, that everyone has the right to a dignified funeral, they might have had more luck. As it stands, I think it'll fall if challenged.

It would probably stand up in a state court. I question if a federal appeal court would even hear it. There is strong precedent for states to establish prudent limits on where and when protests are allowed. While protest is a protected form of speech, the state is not seeking to outlaw protest with this law, merely to establish a prudent limit on how close the protestors may appraoch the service.

If it was heard a federal appeals court may well hold that as long as the limit has public safety implications it falls within a states broad mandate to protect the citizenry from unreasonable violation of their privacy. If it is cast by the state in that manner, the question of privacy vs. free spech would make it a federal issue, but might prevail upon the court to side with the state. I seem to remember a similar restriction on how close protestors could approach the people they were protesting when Seattle had the WTO meetings a few years back. iirc the federal court held that the city was within it's rights to confine the protestors to certain areas. So it might stand up, despite a first glance appraisal that is wouldn't.

 

[angelicminx]

This is just about the only good thing the bastard has done for us.

I hear ya Liz! Fletcher is an old high school friend of my mother's and even she is pissed off at him. She says he's changed a lot since he entered politics. Oh well, so much for being able to influence him through her, lol.

 

[Boxlicker101]

Quote:
Originally Posted by minsue
I don't think it'd stand up in court. Especially since it only applies to military funerals. If they had made it more sweeping, that everyone has the right to a dignified funeral, they might have had more luck. As it stands, I think it'll fall if challenged.

It would probably stand up in a state court. I question if a federal appeal court would even hear it. There is strong precedent for states to establish prudent limits on where and when protests are allowed. While protest is a protected form of speech, the state is not seeking to outlaw protest with this law, merely to establish a prudent limit on how close the protestors may appraoch the service.

If it was heard a federal appeals court may well hold that as long as the limit has public safety implications it falls within a states broad mandate to protect the citizenry from unreasonable violation of their privacy. If it is cast by the state in that manner, the question of privacy vs. free spech would make it a federal issue, but might prevail upon the court to side with the state. I seem to remember a similar restriction on how close protestors could approach the people they were protesting when Seattle had the WTO meetings a few years back. iirc the federal court held that the city was within it's rights to confine the protestors to certain areas. So it might stand up, despite a first glance appraisal that is wouldn't.

I agree that it should include all funerals, not just military ones. There are laws limiting how close demonstrators can get to places that provide abortions and those laws have been upheld. This is not the same thing but the rulings should be the same.

 

[Guest]

It would probably stand up in a state court. I question if a federal appeal court would even hear it. There is strong precedent for states to establish prudent limits on where and when protests are allowed. While protest is a protected form of speech, the state is not seeking to outlaw protest with this law, merely to establish a prudent limit on how close the protestors may appraoch the service.

If it was heard a federal appeals court may well hold that as long as the limit has public safety implications it falls within a states broad mandate to protect the citizenry from unreasonable violation of their privacy. If it is cast by the state in that manner, the question of privacy vs. free spech would make it a federal issue, but might prevail upon the court to side with the state. I seem to remember a similar restriction on how close protestors could approach the people they were protesting when Seattle had the WTO meetings a few years back. iirc the federal court held that the city was within it's rights to confine the protestors to certain areas. So it might stand up, despite a first glance appraisal that is wouldn't.

This is beautiful news, but short-lived, I'm afraid.

We had the same law in Kansas. The Phelps crowd challenged it (remember, a great many of the family are lawyers and brilliant people, if horrific assholes) and they actually won.

It was declared unconstitutional and they are back protesting.

Bastards.

 

[Wildcard Ky]

Our governor is generally an idiot, but I applaud him and the rest of the legislature for this one.

Zeb may not be too far off in his thinking. There are certain areas of this state where Phelps would put his life in danger if he tried to protest a military funeral.

 

[Mirror of Narcissus]

Wonder if they'll show up tomorrow?

 

[Wildcard Ky]

Wonder if they'll show up tomorrow?

I've been wondering that myself. I think the funeral is at Ft. Campbell, is it not?

Are you in Ky?

 

[Mirror of Narcissus]

I've been wondering that myself. I think the funeral is at Ft. Campbell, is it not?

Are you in Ky?

It's in Bowling Green on Friday.

 

[Lord DragonsWing]

Excellent News!!!!!!!!!!!!! Let's hope the other states follow suit. If not, and I lose my nephew in Iraq and they're protesting outside. Then watch the news. No mercy will be given as they give no mercy to our families.
May the Gods protect our men and women overseas. To them we owe our freedom. We will fight for them at home as they defend us overseas.

 

[ABSTRUSE]

This is beautiful news, but short-lived, I'm afraid.

We had the same law in Kansas. The Phelps crowd challenged it (remember, a great many of the family are lawyers and brilliant people, if horrific assholes) and they actually won.

It was declared unconstitutional and they are back protesting.

Bastards.

They need a new hobby.