Well, I think what Fred Phelps does is despicable but I certainly don’t wish death or harm on the man.
As it is though in response to Linty Fresh’s post above, everyone accepts the First Amendment has limits, most importantly the SCOTUS accepts that and State and local government accept that. I don’t think it’d be unconstitutional to forbid protesting in cemeteries.
I understand that the first amendment has limits when it comes to causing panic or terroristic threats, but I’m interested in hearing about other cases. I’m not saying you’re wrong, but could any lawyer dopers weigh in on this? Is it really illegal to protest in places like cemetaries? And if so, why?
IANAL but I understand that though there is no general law against protesting in cemerteries it IS possible to establish reasonable regulations of “time, place, and manner” (notice: not content) on protected speech, including determining that it has gone over the line into the offenxe of “disturbing the public peace”.
Reasonable regulations on spelling, OTOH, may be a bit tougher to enforce…
What Phelps and company do could fall under harassment, since they tend to scream obscenities. I’m sure the funeral directors could have their asses booted. (My father’s done it with local reporters who tried to rubberneck at some of his funerals).
On the cemetary grounds, they could legally be arrested for trespassing maybe? Harrassment might be a tough one because they seem to fly here and there like a cloud of shit flies - harrassment (I think) has to be continual, or repeated. Trespassing on private property might be the way to get them. Given their purported tactic of instigating fights (I believe they have even beat up preachers and priests) and then suing, it might be a good idea to capture their antics on film and hammer them with aggravated assault too.
Aw fuck it. Even though I usually oppose violence, maybe a good permanently disabling beating by unidentifiable disguised “enforcers” is the way to go. You can’t sue someone unless you know who they are.
I notice the OP has not returned to this thread. I wonder if he was expecting a different outcome. The phrasing of the OP and the thread title reminds me of the tactics of a certain other poster named after this very winter month. I’ll apologize if I’m wrong but I can’t help but wonder if the OP was hoping that all the SDMB “liberals” would see the word “protestors” and jump to a knee jerk defense without reading the link. The "God hates_______ " signs are a Phelps trademark, so it wasn’t likely that many people would be fooled even they didn’t read the link, but it’s not something anybody would have defended anyway. Contrary to popular conservative memes, us “liberal anti-war protestors” do not hate the troops. We hate that the troops are being taken away from their families and sent into harm’s way unnecessarily.
Calling Phelps a "protestor " in the context of the Iraq War is misleading (especially since Phelps is an extremely familiar name on this board and the OP could have just as easily said his name instead of referring to his group generically as “protestors”) and I hope it wasn’t intentional. Perhaps the OP will correct me when he comes back.
I had him for 2005!