ACLU Gets Kentucky Law Barring Funeral Protests Nixed
Posted on September 27, 2006
How would you feel if your child gave their life in military service to protect our freedoms and as you attended their funeral to mourn and remember their sacrifice and life lunatic cultists were in your face with signs reading “God Hates Fags” and “Thank God For Body Bags?” Wouldn’t you want a little space? Wouldn’t you feel that your rights were being infringed upon in some way? Well, the freaks of “Westboro Baptist Church” do just that. They seek out military funerals to blast their political message that the deaths of U.S. servicemen and servicewomen in Iraq is God’s punishment for an immoral America and its acceptance of gays. No matter how much of a free speech absolutist you are, you would probably want some space from this cult spewing its hate.
Many states, including Kentucky, have recognized this and passed laws that allow the hate cult to protest while providing a space for grieving families to mourn in peace. Thanks to the ACLU a Federal Judge has just ruled that Kentucky’s law barring protests within 300 feet has just been struck down.
The temporary injunction comes in a case brought by the American Civil Liberties Union of Kentucky. The ACLU argued that the Kentucky law went too far in restricting freedom of speech when it barred protesters from saying hateful things to mourners at military funerals.
“Certainly the Commonwealth has an interest in showing respect and compassion for the deceased and for their families, but we cannot allow lawmakers to trample upon the First Amendment in the process,” said ACLU of Kentucky staff attorney Lili Lutgens. “Today, the federal court recognized that even speech that most people find distasteful is still protected by the Constitution.”
The judge wrote that the 300-foot buffer zone “is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral.” The ACLU made the ridiculous argument that the law was broad enough to make it a crime to whistle while walking down the street within earshot of a funeral. Well, back to the drawing board….time to re-write the law and cover all the loopholes this time.
If this would have been an abortion clinic you can bet the ACLU would have been on the other side of the argument.
» Filed Under 1st Amendment, ACLU, News, War On Terror
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8 Responses to “ACLU Gets Kentucky Law Barring Funeral Protests Nixed”
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I am (almost) a free speech absolutist. “Fire” in a theater is destrustive to society as is inciting violence, but those are pretty much the only exceptions I can think of. You’re right that I would probably want some space. In fact, I would probably seek out a cemetary with policies that keep such demonstrations outside their grounds. But if someone wants to peacefully express their views on public property, I would have no grounds to stop them.
Well, don’t ever say the ACLU doesn’t go to bat for the religiously motivated.
Cemetary’s are private propery, and no one has a right to do anything like this on private property. Period.
Apostle,
You’re right that they don’t have a right to protest on the cemetary grounds, but it’s up to the cemetary to ask them to leave. Also, if they are outside of the cemetary on public grounds, they do have the right to protest.
I believe the ACLU has backed a protest zones at abortion clinics.
Protest zones are considered constitutional but their size has been reduced on occasion. The judge in this case is most likely ruling according to precedent.
This is a case of the right to liberty issue of Free Speech v. Right to pursue happiness by grieving in peace. I do not know if 300′ is needed to ensure the individuals in the funeral are ensured a reasonable right to give for their lost loved one or acquaintance.
I am still convinced the ACLU is an anarchistic organization that is trying to stir up trouble in hopes of causing the government to collapse over the long hull. They are not fond of organized religions either except those that seem to be causing trouble.
“Right to pursue happiness by grieving in peace”
This is a right guaranteed by the Constitution? And what is “the long hull”?
Paul Yanna,
Yes it is if you read the Article 9 of the U.S. Constitution which says that the rights in the U.S. Constitution are not to have precedence over the rights not written within and the U.S. Declaration of Independence that mentions the right to pursue happiness.
That is Amendment 9 and not Article 9. Sorry for the mistake.