IMHO, it stems from the legal confusion of the concept 'public'. Its isn't anywhere you can go, it's places owned BY the public, and consequently, the government. On that property, their rights are inalienable.
Its why Westboro gets away with doing it at military funerals, because the property is owned by the government.
Private owned cemeteries would be another matter. They would be trespassing....and personally, I would have their heads on a stick for what they do.
just my 2 cents.
IMHO, it stems from the legal confusion of the concept 'public'. Its isn't anywhere you can go, it's places owned BY the public, and consequently, the government. On that property, their rights are inalienable.But Westboro is not about legitimate assembly to petition the government for a redress of grievance.
Its why Westboro gets away with doing it at military funerals, because the property is owned by the government.
Theres no question that my rights are greater on my own property than they are on government thorofares, and greater in public venues than they are on privately owned property. But Im not legally in the clear if I pick a fight in public, just because I didnt do it on your property. There are laws, legitimate laws, against stalking and harassment. Itd be hard for you to make the case that I was stalking you if you were on my property, tho . . .The point, surely, is that WBC is presuming to demand that people - people in their most vulnerable, least powerful state - listen to them. The First Amendment guarantees the right to speak but not the right to be heard. If you want to be heard, you have to convince people to listen. Demanding to be listened to is arrogant, bullying, abusive behavior not protected by the First Amendment. Physical and acoustic space for a respectful funeral, on sad occasions, is understood by everyone as part of the pursuit of happiness, and as such it is on a par with the right to liberty. WBC knows that as well as you do. They rely on the credulity of people, even judges, to turn the right to speak into a right to be listened to.