Congress passes funeral protest ban

[Sprayber]

The Arkansas legislature passed a state law against protests at any funeral 30 minutes before or after. It's disgusting to protest at any funeral

[Arrian]

I agree the law shouldn't be limited to only military funerals, if there is to be a law at all.

-Arrian

[Lul Thyme]

Originally posted by SlowwHand
Protest at a family member's funeral? I don't see that happening.

It happens...
Just because YOU dont see it happening it should be outlawed?

[Lorizael]

Can't we just ban Fred Phelps?

[Agathon]

Originally posted by Sprayber
The Arkansas legislature passed a state law against protests at any funeral 30 minutes before or after. It's disgusting to protest at any funeral

What if, as a soldier, I put in my will that an anti-war protest were to take place at my funeral?

[Arrian]

You'd be a wierdo?

Not because a soldier can't be anti-war, but rather because there are better times/places for anti-war protests. Whilst you (the soldier) is alive and well and can perhaps speak persuasively against war.

Just a thought. Doesn't have much bearing on the law, though.

-Arrian

[BeBMan]

OMG it's anti freedom

[Datajack Franit]

So this doesn't apply to Phelps

[Arrian]

Incidently, THIS is the sort of **** Congress spends time on. This critical threat to our nation. Oy.

-Arrian

[Sandman]

Has anyone tried to picket the funerals of members of Phelps' cult?

[Tingkai]

I agree with bans on protests at funerals, but I'm surprised the American libertarians haven't posted comments against this ban on freedom of speech. Doesn't this funeral ban stink of political correctness. Isn't it ironic that soldiers die for freedom only to have freedom banned at their funerals.

Come on Libertarians, you're letting your side down!

[Fake Boris]

Originally posted by Agathon


What if, as a soldier, I put in my will that an anti-war protest were to take place at my funeral?

In theory, it could get you into trouble... but in practice, it's more likely that the police won't actively enforce the law unless asked to by the parties present at the funeral.

[Zkribbler]

Originally posted by Imran Siddiqui
I agree and I'm hoping that that distinction will not lead to legal problems (ie, an assertion of viewpoint discrimination). Though in that case Congress could just expand the law to all funerals.

Congress wouldn't have the authority to apply it to all funerals...just as it was impermissible to pass the Violence Against Women's Act. They need a federal-power peg to hang it on...to wit: laws governing the military.

It is definately content-based speech discrimination (protests are not permitted; eulogies are). But Congress can assert the law is needed to (1) prevent fights breaking out in military cemetarys and (2) protect the loved-ones of miliary members from harassment and thus help maintain military morale.

[Kuciwalker]

Originally posted by Agathon
OK. A dude gets killed in Iraq. His parents are pro military and want a military funeral, which his wife agrees to on the grounds she can wear a "Make Love Not War" T-Shirt to it.

Any relative who uses their loved one's funeral as a protest opportunity is an *******.

[Imran Siddiqui]

I thought the federal government buried civilians at federal cemetaries as well (Arlington springs to mind). So there wouldn't be a commerce clause issue, but one wonders if a President is buried in Arlington, will he be characterized as military by being "Commander in Chief"? Unfortunately a Supreme Court Justice or Senator, etc couldn't fall back on that justification .