MSU Professor Says Funeral Protest Ban Should Be Thrown Out

KSDK.com ^ | 3/8/06

[jazusamo]

"without question violates the First Amendment" which guarantees the right to speak freely and to assemble.

The law doesn't prohibit it, just says you have to do it 500 feet away. Sounds reasonable to me.

[StarCMC]

Same as this:

What are the solicitation restrictions at polling places on Election Day?

In Missouri, exit polling, surveying, electioneering, distributing election literature, posting signs  regarding a candidate or an election issue is prohibited in the polling place building or within 25 feet of the polling place. A person committing any of these acts is committing a misdemeanor  not connected with voting and may be imprisoned for up to one year and/or fined up to $2,500.

[Mrs.Nooseman]

Interesting.

What is it with this Professor?

He wants it both ways,even though it makes him "nauseous", that Phelps and his kin are doing this shameful act.

Shaking my head here on the Left Coast!!!

[MS.BEHAVIN]

GRRRR!!
You know how I feel about this...
(taking my blood presure)
Ms.B

[timm22]

The law doesn't prohibit it, just says you have to do it 500 feet away. Sounds reasonable to me.

Agreed. I consider myself a strong advocate of free speech, but I recognize certain "time, place, and manner" restrictions. I think this law provides a good balance between letting these nutcases present their idiotic message without being overly distracting to the funeral services.

I would disagree with a law banning these protests, even though I find them absoluting revolting.

[jazusamo]

Exactly. It's a shame that some people take to the extreme what should be common sense and basic decency for others.

[1L]

The court has interpreted the first amendment to allow time, place, and manner restrictions such as the example you mentioned. Reasonable restrictions are a big part of every constitutional right.

[StarCMC]

Agreed -- which is why I do not believe the new law to be unconstitutional. Just as I would not expect to be approved for a permit to gather in the middle of a street!

[Doogle]

Cline says the Missouri law takes away too much free-speech space, and "without question violates the First Amendment" which guarantees the right to speak freely and to assemble.

..one question about free speech Profess....every use the "N" word?

[Search4Truth]

Do we really need a law for everything. Are we not able as men to handle anything on our own. Are there any men left here. Or are they all fighting elsewhere in the world.

The solution is simple. If some one comes to a funeral to insult a service honoring a fallen hero, you beat them to a bloody pulp. Problem solved.

That's still the way it is handled in the Deep South where I live. I suppose that is why those kinds of things don't happen here. If you insult someone, they'll beat the crap out of you. If they take you to court, the judge will laugh it them. You pay the $50 fine. Justice is served. The old fashion way. The manly way. The American way.

[StarCMC]

Do a search on Fred Phelps and I think you will find that he HAS been in the Deep South and has not been beatedn to a bloody pulp, as you put it. I know for sure he has pulled his shenanigans in Alabama.

[Gone GF]

"Fred Phelps reviled by J-schools for anti-sodomy stance."

Sorry, but Pehlps goes just a tad further than "anti-sodomy."

[StarCMC]

Nazi??

[Search4Truth]

I'm not interested in the escapades of Fred Phelps. What I can tell you with some certainty, is that he hasn't been around the heart of Cajun country where I live, in central Louisiana, And if he was foolish enough to do so, he will not again. The good ole boys around here are dead serious about the country they love and the fighting men who are dying for it. But I expect, being also the Southern gentlemen they are, they probably gave him a warning the first time. The second offense will not be dismissed. Or do you not believe that there any men left who can deal with men like Phelps, directly?

[xzins]

Easy fix.

All public and private funerals should be rented the space visible to their event.

Then they get to control it with trespassing laws.

And we can't say that the cemeteries can't do that, because parks, playgrounds, and public arenas rent out space all the time.

[StarCMC]

Or do you not believe that there any men left who can deal with men like Phelps, directly?

I believe there are men like that. I just don't believe it will happen.

[Search4Truth]

If it does happen, we can be sure of one thing, it wont make the news.

[zip]

I don't believe he is correct. If he is, then there should be no law against electioneering within a certain distance from the polls. It's the same idea.

Great point. All I know is that these idiots will never interrupt a veteran's funeral that I am attending. I might spend time in jail for my physical actions, but they won't show their leftist disrespect for one of my Brothers.

[StarCMC]

BTTT

[krell82]

I think most of you are lost to the professor's point....

What his political slant have to do with what he said is completely irrelevant. He obviously disagrees with what Phelps is doing, so don't go there.

His point was that the actual law proposed may be to vague to hold up if challenged. He doesn't disagree with the law, but that it should be more specific about what we are trying to prevent from happening, else people like Phelps could find a way around it or even get the ban revoked.

Not all liberals are bad...

-Krell82, the pro-gun, anti-immigration, and pro-small government liberal....