Bill Would Set Limits For Funeral Protests

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This ones for Fred Phelps. They’ve done a lot of work on this one to try to make sure it balances out the right to free speech and the right to privacy. Let’s see how quick it heads to the courts. The govonor still needs to sign, but he should, and then itll take effect immediatly.

**"LINCOLN, Neb. – **Protesters would have to be at least 300 feet away from any part of a funeral service under a bill (LB287) passed on Monday in the Legislature.

The measure would take effect immediately should Gov. Dave Heineman sign it.

The distance requirement would apply one hour before the funeral service and extend to two hours after it was over.

Similar bans are being considered in other states because of anti-gay protests held by members of a Kansas church at military burials across the country. They recently protested at the funeral of a soldier from Lincoln killed in Iraq."
ketv.com/news/8440365/detail.html
 
There is a similar bill pending in the Illinois State Legislature that also extends to wakes.
 
Not that I agree with the Phelps, but this is blatantly unconstitutional. and here’s why:

the funeral ground are private, and may restrict unwelcome parties from treading on their own property to protest. HOWEVER:

if the funeral plot where the service is held is right near a PUBLIC road and lands (say 50-100 feet) near the fence of the grounds edge, the state MAY NOT prohibit
  1. freedom of speech
  2. peacable assembly
  3. redress of grievances
so, protesters may stand right at the edge of public lands well within 300 feet of the funeral. the state cant arbitrarily set distance limits to make sure protesters have to stand 300 feet away, even while on public lands.

the state also may not prohibit the protesters from protesting on public lands where the funeral procession drives by. this means protestors will be within 10-15 feet of funeral drivers. as long as they are on public lands, the state cannot prohibit their speech.

most funerals i have been to are WELL within the funeral grounds, near the back or middle of the huge cemetary. protestors cant walk onto privante lands a mile inward, but it is clear that they may stand and protest the procession and services that are well within 300 feet of public land.

im sorry, but the courts will shred this one to bits.
 
What happened to Christian charity and compassion? People who demonstrate at funerals and wakes are sorely lacking in it. What has the country come to when we have to legislate common decency?
 
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Lance:
What happened to Christian charity and compassion? People who demonstrate at funerals and wakes are sorely lacking in it. What has the country come to when we have to legislate common decency?
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It’s called the First Amendment, and as citizens we may carry a message other than common decency and charity. Once you censor one type of speech or message, you pave the way for all types to be censored. plain and simple.
 
The procession is specifically said not to be included in the bill.
 
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BioCatholic:
It’s called the First Amendment, and as citizens we may carry a message other than common decency and charity. Once you censor one type of speech or message, you pave the way for all types to be censored. plain and simple.
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No one is censoriung speech, they are just stating where they can legally assemble to do their speech which is perfectly legal. In many states and cities, you have to get a permit to assemble to protest something. This is just stating that you can say what you want, assemble, protest and carry your signs, but you can’t be closer than 300 feet to the funeral. It is legal and constitutional.
 
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Lance:
What happened to Christian charity and compassion? People who demonstrate at funerals and wakes are sorely lacking in it. What has the country come to when we have to legislate common decency?
Click to expand...
I completely agree with your sentiment. I can think of few things more unsavory than interfering in someone else’s grief.

I do think that BioCatholic is right on the legalities, however.
 
What in the heck is the matter with people? What kind of sickness compells someone to protest a funeral? Doesn’t this go against one of the corporeal acts of charity, even tangentially? I find this so offensive I can’t entertain it as being anything close to acceptable.

The person is DEAD. What needs to be protested at a funeral?

Which group does satan get the biggest kick out of, the mourners or the protesters?
 
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gelsbern:
No one is censoriung speech, they are just stating where they can legally assemble to do their speech which is perfectly legal. In many states and cities, you have to get a permit to assemble to protest something. This is just stating that you can say what you want, assemble, protest and carry your signs, but you can’t be closer than 300 feet to the funeral. It is legal and constitutional.
Click to expand...
That is the point. look at me example of a funeral at a plot RIGHT NEXT to the edge of a cemetary near a public road. the cemetary property stops at the fence, but 5 feet on the other fence side is public lands, which are fair grounds to redress grievances and publically assemble. yes they might have to get a permit, but the point is that free, public lands may be well within 300 feet, for which the law is unconstitutional.

sometimes it isnt even an issue, as the last funeral i went to was so very far back in the cemetary, i nearly got lost coming out.

this issue definitely is a gray area of Constitutional law that needs to have the Supreme Court address.
 
Maybe the solution is for the local paper to publish the names, addresses and places of business of all the protesters. Then the mourners and friends of the deceased could protest and picket their homes and business. Maybe even protest loudly in front of their church while services are going on. Give them a little taste of their own medicine so to speak.
 
Perhaps a way to make the bill consitiutional would be to require demonstrators at a funeral to have a pemit.

No one has restricted free speech then, and bureaucracy being what it is, I am sure the permit would go through a few days after the funeral has taken place.
😉
 
Free speech: I think this would constitute harrassment. Not anymore.

The Phelps clan is planning to protest the soldiers that are in Walter Reed in DC today or tomorrow. Thanking God for the wounded soldiers because of Gods hatred for homosexuality.
So very sad. 😦 Our soldiers shouldn’t be attacked !!!
The Phelps people have a belief that God is attacking them because of the gay issues in this country. They sound a lot like the terrorist.
I went to a Russian Czar showing and they were protesting that 12 years ago with the most horrendous signs of gay activities and I had my young children with me. Of course they saw the signs and then they wanted to try to figure out what was going on in the pictures. We hide the kids faces but as most children do they saw them anyway.
I am just horrified that these people call themselves Christians. :confused:
 
OK, call me obtuse. What is the connection between soldiers, Russians, the deceased and homosexuality?
 
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