Is picketing funerals really protected by free speech?

Question

I already asked this in C&G, but I wanted to post it here too because I like this section:-) Also because the LGBT community is the unfortunate target of their hateful actions.

Phelps and his church have a right to believe as they wish. They have a right to protest and try to spread their message if they want - it's protected under free speech. But does free speech really encompass their picketing of funerals?

They have plenty of other platforms, and no one tries to silence them. They make fools of themselves quite well on their own without the courts taking away their right to free speech. But when they do it at funerals, it crosses a line. What about the rights of the family? What about the poor mother who is mourning her son or daughter?

Free speech is the ability to speak without censorship. Is it really censoring them to say they can't picket funerals?

I ask because some say the $11million verdict against them will be thrown out under free speech.

Thank you everybody for your answers, and I'm sorry for whoever went through and gave everybody a thumbs-down. Maybe it was Phelps!

Mark D - good point, that would be worth looking into. The Phelps are planning another protest today in Norton, KS. Wouldn't it be nice if everybody they protested sued them? Eventually they would have to stop.

Answer 1

It, should be against the law to picketer and rally at a funeral what would someone picket for to try to bring back the dead? This should be a time of silence and resepect for the family. I thinke we should respect the dead.

Answer 2

The exercise by an individual, of his constitutional freedoms, is protected by law. This is a good thing because censorship in ANY form is wrong (and dangerous to all of our freedoms). HOWEVER, when the exercise of those freedoms impedes (sp) or infringes upon the rights of others, then it is NOT permitted and CANNOT be tolerated.

Should the Phelps freaks be allowed to protest? Absolutely

Should those protest be allowed to interfere with the funeral services of a soldier (or anyone else for that matter)? Absolutely not.

Should those protest be allowed to invade the privacy of others or violate ANY of the constitution rights of others? NO.

You can basically do what you please in this line until your doing it affects the freedom of others.

No, i do NOT believe picketing funerals is protected by the first amendment.

Answer 3

So far as I recall, anti-abortion protesters do not exactly have a totally unfettered right to picket in front of birth control clinics, so I think that how the law currently reads on that subject matter would be a good analogy to understand what rights the Phelps gang have to picket near funerals.

Answer 4

As a bisexual woman who's been the target of homophobic attacks (verbal) far more times than I'd ever care to recall, I'd love more than anything to say that it is NOT protected by Freedom of Speech, that churches like that and religious zealots in general shouldn't be allowed to do (or say) things like what this church is doing and has done. But then, that could be turned around against some of the more "radical" people within the LGBT community, as well. Also, I don't want to mess with the Constitution (unlike the Shrub in the White House). It's best LEFT ALONE.

BUT...I WILL say that, if Christian zealots are going to keep up these kinds of verbal (and written) homophobic attacks, then THEY should be willing to be verbally attacked by the LGBT community in kind. What's sauce for the goose IS, after all, sauce for the gander. (And you know what they say about paybacks...)

Answer 5

Having seen Phelps and his family at a funeral and they were not only protesting and holding signs. They shouted at the family and told them they were glad their son was dead because the only good soldier was a dead soldier. To me that is not right as they are personally attacking the family. They have a right to protest but I dont think they have the right to personally attack the family. We have a law here that they cant get within a certain distance not sure how close they can be. But we have the Patriot Guard here and they sheild the family from them. God Bless the Patriot Guard.

Answer 6

If they want to picket or protest, let them do it elsewhere. A cemetery is not the place at all. However, they realize it will get their "group" more noticed, and publicity. Hopefully the lawsuit will not be thrown out. Or a restraining order of some type against them. It is too bad the level some people or groups (church) will stoop to, in order to get their message out.

If they want to picket a funeral, perhaps some family members can picket them.
The only problem is that they will get more exposure to preach their hate.

Answer 7

Of course I agree with freedom of speech ... however, what they did, under the guise of "Christianity" was a crass and indefensible invasion of privacy - an insult to the man being buried, his family, and his friends.

Not one person I have spoken to, including Christian friends, can find any way at all to defend the actions of the people from this "church". I have even spoken with an openly anti-gay Christian who can not defend what was done.

How can those people look at themselves in the mirror and see a "decent Christian" looking back? How can they not be ashamed of themselves?
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Answer 8

Unfortunately I believe that it is. It's in incredibly bad taste and against everything Jesus spoke against (but does that stop them? Noooooo....) but it is condoned by the US Constitution.
If it was my child's funeral, I would have gone off my rocker and lost it. Some one would have been hurt and I would have been in jail. It's horrible that supposed "Christians" --who give other Christians a bad name -- can do that.
The father should get his money immediately and Phelps should have to work at MacLand at minimum wage to pay for it.

Answer 9

Yes, unfortunately in USA hate speech is protected by the US Constitution. The context of the speech is protected. What the judge found was that there was a violation of invasion of privacy.

Answer 10

I totally agree with your statement. If they want to protest, that's fine. Just stay the hell away from funerals. My god pepole. Leave those poor ppl alone that are grieving for the loss of there loved one. In my opinion, I think they should sit in jail for a couple of months for that stupid stunt.