[QUOTE=Terrifel]
But earlier you argued that such funeral protests are somehow infringing on funeralgoers’ First Amendment rights. If so, then the same rights are still being infringed upon at every other event that is protested. Why do other events-- weddings, family reunions, political rallies, etc.-- not deserve the same “right of solemnity” as funerals?
[/QUOTE]
Well, they very well may. That is why, when the law was crafted recently here in Virginia, it amended the disorderly conduct law and applied it also to memorial services and funerals. The existing law made it illegal to disrupt a public meeting, religious meeting, or meeting of a literary society.
Now, this covers disorderly conduct. As for unlawful assembly, that is covered by a statute that generally takes the “fighting words” doctrine:
“Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly”
Now, I think there isn’t any serious doubt that the language and tactics used by the Westboro bunch do in fact cause that fear in people of ordinary courage - indeed, if that were not the case, the Patriot Guard riders would not have to come.
I don’t think normal protest ought to be criminalized, by any means. But when protesters started picketing private homes, we as a society decided that was not a normal avenue of protest, and infringed on the rights of others, and restricted the practice. This is a similar case. No normal political organization would dream of protesting at someone’s funeral - and even if they had, most wouldn’t have done so in as vile a way as this bunch.
You ask about this specific case - well, I answer that if Fred Phelps wanted to protest in general or stand silently outside of a funeral, he wouldn’t have been the target of any legislation at all. The combination of the two constituted a breach of the peace that had to be addressed.
[QUOTE=Terrifel]
I’m trying to understand why you feel such a law is necessary, but so far it doesn’t seem like your argument runs any deeper than personal distaste for this particular form of expression.
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Isn’t the form of expression precisely what is being debated here?
I mean, the people who were protesting outside of private homes were antiabortion protesters, a viewpoint I have considerable sympathy for. That does not mean I find that tactic any less vile, nor lacking in consideration of the rights of others.
In any case, I feel my opinions have the weight not only of moral correctness but also of legal and constitutional justification.