The dillema is that many of these soldiers' funerals are held as public affairs so that the whole community may attend and pay their respects. These are the funerals that Phelps and his ilk make a point to disrupt. There isn't a whole lot that can be done without violating freedom of speech.
Phelps is an evil individual and the world will be a better place when he is burning in Hell, but the man knows the law and his rights. He depends on others to break the law so he can sue them dry.
Hopefully everyone in the Opelika community and surrounding areas will attend this soldier's funeral, lining the streets and forming a supportive and protective "shield" between the grieving family and Phelps' crew.