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Title: States Line Up Against Funeral Hecklers in Supreme Court Brief
Source: ABC News
URL Source: http://abcnews.go.com/Politics/Supr ... boro-baptist/story?id=10770402
Published: Jun 1, 2010
Author: DEVIN DWYER
Post Date: 2010-06-01 10:01:14 by Badeye
Keywords: None
Views: 130
Comments: 2

States Line Up Against Funeral Hecklers in Supreme Court Brief Fred Phelps' Westboro Baptist Church Picketed Marine's Funeral; Court to Decide if Protest Was Free Speech

455 comments By DEVIN DWYER WASHINGTON, May 31, 2010 PrintRSSFont Size: Share:EmailTwitterFacebookMoreFarkTechnoratiGoogleLiveMy SpaceNewsvineRedditDeliciousMixxYahoo Forty-eight states and the District of Columbia are backing the family of fallen Marine Matthew Snyder in a pending U.S. Supreme Court case that could decide the constitutionality of laws restricting protests at private family funerals.

A church group has outraged families by disrupting over 600 military funerals. Lance Cpl. Snyder, who was deployed to Iraq in 2006, was killed just a month later in an accident. His funeral in Maryland was disrupted by demonstrators led by Kansas pastor Fred W. Phelps, yelling, among other things, that America's military is evil because it defends a country that tolerates homosexuality.

Snyder's family sued, but an appeals court said the hecklers were exercising their right to free speech.

Now, all but two state attorneys general have signed a "friend of the court" brief, to be filed tomorrow, that argues the First Amendment should not apply to some "intrusive and harassing" forms of expression.

"Funeral goers are a captive audience and they are engaged in a deeply personal and private mourning process," said Kansas Attorney General Steve Six, who drafted the brief. "The Constitution does not give the respondent the right to hijack solemn proceedings such as funerals in order to spread their hateful ideas."

Related Military Funeral Case Sparks OutrageWATCH: Free Speech vs. Hateful RantsWATCH: Funeral Protesters Push the Limits of Free SpeechThe respondent, Phelps, has staged loud protests with members of his Westboro Baptist Church at military funerals around the country. He argues his signs, bearing messages such as "You're in hell" and "God hates you," are protected forms of speech.

Court observers called the near-universal state support for Snyder and funeral protest laws "exceptional" and say their brief will likely affect the justices when they weigh the case this fall. Only Maine and Virginia have withheld support for the "amicus curiae" brief.

But Phelps' supporters, including his daughter Megan Phelps, say the states' brief does not change the facts of the case or weaken their constitutional argument.

"The only way you can criminalize standing peacefully on a public sidewalk with Scriptural concepts on hotly-debated public issues is to repeal the 1st Amendment," said Phelps via Twitter. "They're willing to sacrifice the freedoms they claim Matt Snyder fought for on the altar of shutting up our message," she tweeted. "This opposition epitomizes why the 1st Amend. was passed: corrupt gov't trying to shut up religious messages they hate."

In a separate show of support for Snyder Friday, Senate Majority Leader Harry Reid, D-Nevada, filed a "friend of the court" brief joined by 42 Senators

Reid has called Phelps' demonstration at the Snyder funeral an "ugly protest" and says state and federal law should "continue to protect, as it long has, the rights of all private persons -- including the families of fallen soldiers -- to mourn their loved ones at a peaceful and solemn funeral."

The Respect for America's Fallen Heroes Act, enacted by Congress and signed by President George W. Bush in May 2006, bars protesters from the property of federal cemeteries without permission and limits the duration and location of any protest approved to be performed. More than 40 states have enacted similar laws.

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#1. To: All (#0)

I remain very surprised these sick twisted fucks from the Westboro Baptist Church haven't been beaten to death at a funeral where they showed up. I'm also surprised their so called 'church' is stills standing.

For approximately 72K, BP Oil bought Owe-bama. And as President, he let them Spill, Baby, Spill! Its documented.

Badeye  posted on  2010-06-01   10:02:15 ET  Reply   Trace   Private Reply  


#2. To: Badeye (#0)

This is the other side of the First Amendment - as is the mosque at Ground Zero.

What can you do?

#67. To: war (#48) Keep hiding behind the bozo, bozo. (laughing) You've always been a world class pussy. Badeye posted on 2010-01-14 16:12:48 ET Reply Trace

war  posted on  2010-06-01   10:09:57 ET  Reply   Trace   Private Reply  


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