Tuesday, August 17, 2010

Fred Phelps wins: Federal judge overturns Missouri funeral-protest ban

Posted by Nadia Pflaum on Tue, Aug 17, 2010 at 12:45 PM

click to enlarge Like it or not, it's free speech
  • Like it or not, it's free speech

United States District Judge Fernando Gaitan Jr. issued a ruling yesterday that declared Missouri's 2006 law against protesting at funerals to be unconstitutional because it violates constitutional rights to free speech.

Missouri lawmakers introduced the Spc. Edward Lee Myers Law after members of Topeka's Westboro Baptist Church picketed the Army Airborne Ranger's funeral in St. Joseph in 2005. The church members, led by infamously media-hungry pastor Fred Phelps, claim that God's wrath is evidenced through catastrophic events that befall the United States because our country tolerates homosexuality.



When media interest waned over the clan's protests at the funerals of

hate-crime victims like Matthew Shepard, the Phelpses took aim at a new

target: dead war veterans.

click to enlarge Judge Gaitan knows his 'mendments.
  • Judge Gaitan knows his 'mendments.
Missouri's funeral protest ban made it a class B felony to stage a protest at any funeral, from one hour before its commencement until an hour after the funeral's end.

Phelps' daughter, Shirley Phelps-Roper, asked for a preliminary injunction to stall enforcement of Missouri's law until its constitutionality underwent review. The Phelpses have also filed a legal brief with the U.S. Supreme Court, hoping to strike down similar funeral protest laws passed in other states. Oral arguments in Snyder v. Phelps are expected to begin October 6.

Kansas Attorney General Steve Six yesterday issued a statement in reaction to Gaitan's ruling, vowing to "vigorously defend our right to protect Kansas families." Six, along with 48 other attorneys general, filed a brief with the Supreme Court in support of funeral picketing laws. "I have no doubt that Kansas' law is constitutional," Six said. "The Constitution does not protect those who attempt to hijack solemn proceedings in order to spread hateful ideas."

Kansas' funeral picketing ban of 2007 was ruled unconstitutional by the Kansas Supreme Court. A revised version of the bill passed in 2008.

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Comments (6)

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Screw this stupid judge who over turned this! To hell with Fred Phelps. If I protested at funerals and such I would have arrested record and disorderly conduct charges but a loud mouth abusive jerk me off with money gets off and does as he damn well pleases. Screw our justice system.

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Posted by Jane Doe on 01/13/2011 at 9:04 PM

What about the families right to privacy? Right to free speech is an important right. I support anyones right to protest at state capital or other political venue's. A funeral is NOT the place for protest of any kind. The families who are burying their dead has rights too.

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Posted by Johnny Atkison on 09/29/2010 at 10:44 PM

nice racist caption. guess it is your first amendment right.

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Posted by Tony on 08/21/2010 at 3:43 PM

Remove judge Gaitan from the Bench! He is no better than Phelps or Osama Bin Ladin!

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Posted by Joe on 08/20/2010 at 11:46 AM

By far the best thing to do about Fred Phelps is to ignore him. He has no followers. It's just the same little group of his relatives. The anti-picketing laws are a bad idea because they are unconstitutional. He did not "hijack" the funeral or attack any "Kansas families" physically. (Kansas single people don't need protection, apparently.) The attorneys general were not interested in him when he was picketing only gay funerals.

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Posted by Bugs Booley on 08/19/2010 at 3:33 PM

FUCK FRED PHELPS AND HIS FAGGOT CHURCH MEMBERS

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Posted by Oppos3d on 08/18/2010 at 10:44 AM
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