I was an early skeptic of proposed legislation to make disruption of funerals a felony, arguing that because it proposed to treat protests at funerals differently than other types of protests, it amounted to unequal treatment under the law. But as the law is playing out, I'm beginning to see its value. We've just had our first funeral of a fallen Hoosier soldier under the new law (Sgt. Rickey Jones of Kokomo), and the loonies from the Westboro Baptist Church stayed away. They went instead to Flint, Mich., to picket at the funeral of Allan Morr, who was killed alongside Sgt. Jones. (Michigan doesn't have a law like Indiana's making disorderly conduct within 500 feet of a funeral a felony.) The First Amendment does not appear to be in tatters. Life goes on.
Comments
Great blog. Thanks.
This law is a perfect example of why writing legislation is difficult. In this case the legislation worked beautifully to protect a family in Kokomo. But how subject is the legislation to abuse? I don't know. I can't imagine a case where protesters need to protest at a funeral. But it does seem a great shame to have to legislate respect.
OK, now I'm confused. Could someone explain to me how this obviously bent church (I mean, come on, it's web site is godhatesfags.com, ... you can't get more out of the box than that, ...)went from not liking gays to protesting at soldier's funerals. The linked-to article doesn't mention a connection, neither does the "church
Larry: You're obviously trying to apply logic and rational thought where none are called for. Westboro's message is: God is displeased with us for our decadence, especially our capitulation to the "homosexual agenda," so he has become "America's terrorist," using militant Islamists as the instruments of his retaliatory wrath. One of their more memorable expressions of deep thought: "They turned America/Over to fags;/They're coming home/In body bags."
Growing up in Kansas I am all too familiar w/ Phelps and his band of loonies. They are publicity seeking wackos. They will go anywhere to protest if they feel it will provide them a platform. That's why I felt it was idiotic to let them be part of a forum at IPFW last year. There is no rational debate when they are involved.
The best policy is to ignore them and they will go away. Kansas media outlets learned this a long time and others will soon learn to follow their lead...
I don't consider this a free speech matter so much as a reminder that hate speech, prejudice, and incitement to violence cannot hide in the apron of the First Amendment. We are also reminded that simple legislative adjustments can often remedy new abuses.
Personally speaking, I'm continually amazed at those activists, in some cases cultists, who aren't aware that the right of free expression is forever locked to the right not to listen. No speaker is ever guaranteed an audience, much less a captive audience. The right of expression does not guarantee a speaker anything regarding time, place, listener, or medium.
If the kind of selfish assault upon the rights of others as perpetrated by this so-called Baptist church reminds the rest of us that there are indeed limits to protected speech, and that common sense is sometimes all one needs to differentiate expression from abuse, then having to deal with this kind of nonsense may not be as complete a waste of time as it otherwise would.
I wouldn't worry about a legal wrangle with such crackpots either. Even the KKK knows enough to get a permit. And the KKK still gets shut down frequently when a town rises to enforce its right not to be the captive audience.