Congress passes funeral protest ban., page 4
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reply posted on 26-5-2006 @ 11:17 AM by ludaChris



reply posted on 26-5-2006 @ 11:20 AM by FlyersFan
Originally posted by Benevolent Heretic
People need to really read what grim and
The Vagabond are saying here.

I did. They were good posts. Thought provoking. The thought
that nuisance laws should be able to take care of this is interesting.
BUT (there is always a 'BUT') it would seem that those laws aren't
strong enough.

How about this? Someone post a nuisance law from the afflicted area
and we will look at what is being passed now about not protesting in
national cemetaries and we can see clearly if the law is needed.

Of hand I'd say that it must be .. or else the nuisance laws would have
been brought into play by now. AND I do understand the 'slippery slope'
issue - the fear of this being used to squash anti-war protesters who want
to use the backdrop of dead US service men and women in their protests.
I really do understand that.

None of us have law degrees (at least I don't think so), but it would
be interesting to look into this a bit. eh?


NO WHERE in the Constitution does it say we have the right NOT to be offended.

No ... but there is the part of our heritage about freedom of religion
- which a funeral is. THAT is what I'm concerned about. Someone
using claiming this is a 'freedom of speech' issue and then going
to cemetaries ... be they National, Protestant, Catholic, Jewish, Muslim
... whatever .. and protesting during funerals when people have a
RIGHT to practice their faith in peace. THAT is what I'm concerned
about.

I still don't see where anyone's rights to protest have been taken away.
Sincerely - Someone please show me where these kooks have been
denied the right to protest? They have just been moved a few hundred
feet away from people who are practicing their right of freedom of
religion so that both can exercise their rights.



[edit on 5/26/2006 by FlyersFan]


reply posted on 26-5-2006 @ 11:22 AM by ThatsJustWeird
Originally posted by Benevolent Heretic
People need to really read what grim and The Vagabond are saying here. If the Powers That Be really wanted to stop these protesters, there are already LAWS on the books to do that. If they would enforce the existing laws, this church could be fined, arrested, whatever.

No there aren't. There may be some jurisdictions where they have rules in place, but there aren't any laws like this.

Think about the REAL reason this new BAN might be going into effect!

First, it's not a complete ban. Protesters (morons) could still protest. No one's "free speech" is being taken away. They just can't do it where it can't be a disruption to the funeral which is one of the most life changing events in one's life.
How can anyone who claims to be a human not support this? This is an (effing) funeral!!!
This is exactly what's wrong with society! Trying to stop something good because they claim their rights are being taken away. What a bunch of BS. Name one right that's being taken away. Besides, these egotistical bastards can't stop thinking about themselves long enough to realize there are more important things in life. These idiots obviously don't have the ability to show respect or sympathy. Can you even call these people humans? If these people had ALL their rights taken away I could honestly care less.

- Making a law to appease the 'offended'

Ok...and?
Child porn is offensive. Should that be ok too?

- Making a law to limit Free Speech

How?

- Instituting Protest zones far away from the central concern

Good.

- Setting a precedence for future Free Speech limitations

lmao. BS

- Introducing the idea of legislating rudeness or disrespect

Again, BS.
This is a funeral we're talking here.
A PRIVATE ceremony. Why do you want these protesters to have rights but want to take away the privacy rights of those attending the funeral? That doesn't make sense now does it?

I can't believe people aren't looking beyond their noses on this one.

I can't believe any human would disagree with this law.
Are you really that concerned over rights that you see nothing wrong with living in a 'everything goes' society?
Name one society that had success like that.

And Yumi is right. We have the right to be offended.

Yep. I'm horrifically offended that there are people out there who have such lack of respect that they are willing to protest at a funeral.
I'm also offended that people see nothing wrong with that. If you can't see anything wrong with that, you really need to examine yourself.

NO WHERE in the Constitution does it say we have the right NOT to be offended.

There's another document, call the declaration of independence...
We hold these Truths to be self-evident, that all Men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.

These people are already at a funeral, you're saying adding to their grief is helping them persue happiness, their basic right?

Constitution:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility

Tranquility: 1: a disposition free from stress or emotion 2: a state of peace and quiet
Now do you think protesting at a funeral is helping promote tranquility?

Those who would give up your liberties (and you do give them up when you take them away from others) don't deserve them.

Again, what libert is being given up?
And what about the people attending the funeral? They're assembling peacefully at a private ceremony. Don't they have rights too?


reply posted on 26-5-2006 @ 11:41 AM by grimreaper797
Originally posted by ludaChris
Originally posted by grimreaper797
I agree entirely ludachris, which is why I am AGAINST this new law. You can already protect these people without the law. When it comes down to it, they are infringing on these peoples rights. This law isnt fighting for their rights though, its deciding whats wrong and right. This is not the way laws were suppose to be made. Any law made should be based on the freedom of another person, not the moral basing of it.
[edit on 26-5-2006 by grimreaper797]


I agree that laws shouldnt be made because of what is fair, but they should be made according to what is right or wrong. As most of our laws are. We have laws against murder, stealing, raping because they are wrong do we not. Because they hurt others and that is wrong, does protesting someones loved ones funeral not hurt them?


actually no those laws werent made because they were morally wrong. It was made because it infringes on others rights to pursue happiness. Thats why self defense cases sometimes arent even punished because its not the murder but the fact that a person is trying to take away another persons rights as a US citizen. Its morally wrong of course, but laws arent suppose to be made on those foundations, they are suppose to be made on the foundations of a free society. All people are allowed to do whatever they please so long as it doesnt interfere with another persons rights as a US citizen. Laws are made to prohibit these people who try to take such rights away.

We cannot allow laws to be based on morals because no ones morals are exactly the same. Everyone isnt a christian, everyone doesnt believe in the same thing. Everyone IS a US citizen that is legally in the US, so those laws should be based around what the US society is. It is a Free society, so the laws should be made to fit that, not morals.


reply posted on 26-5-2006 @ 12:13 PM by Benevolent Heretic
Here's a start:

Disturbing the Peace


n. upsetting the quiet and good order particularly through loud noise, by fighting or other unsocial behavior which frightens or upsets people. It is a misdemeanor, punishable by fine or brief term in jail.



Kansas Public Nuisance


1. A public nuisance is an unreasonable interference with a right common to the general public, such as a condition dangerous to health, offensive to community moral standards, or unlawfully obstructing the public in the free use of public property.


Understanding Nuisance Laws


In determining whether an activity is a nuisance, the courts use a balancing test. Does the complained of activity do more harm than good? The courts consider such factors as the extent of the harm, the harm's character, the social value the law attaches to the type of use or enjoyment invaded, the suitability of the particular use or enjoyment invaded to the character of the locale, and the burden on the person harmed of avoiding the harm. Balanced against the alleged harms are such factors as the complained of conduct's social value, the suitability of the alleged offensive conduct to the character of the locale, and the impracticality of preventing or avoiding the invasion.


I especially recommend reading this one:

What Does the Law Say? (about limiting protesting)


This doesn't literally cover picketing around funerals, but it's a good bet that courts will find that the interest in protecting the privacy of the grieving at a funeral is at least as strong as the interest in protecting the privacy of people at their homes. The chief danger is the slippery slope: Once the supposedly narrow exception for residential picketing is broadened to cover funeral picketing, these two exceptions (one older and one new) could then be used as precedents in arguments for more exceptions (say, for churches or for medical facilities), which would eventually swallow the rule. But I suspect that courts would nonetheless be willing to recognize funerals as places where picketing is unusually intrusive, much more so than even at hospitals and abortion clinics.



reply posted on 26-5-2006 @ 12:24 PM by grimreaper797
Originally posted by FlyersFan
Originally posted by grimreaper797
There is a difference between protesting and verbal attacking.


Sure. But if the protesting in any way infringes upon the religious
rights of those practicing their faith then it is wrong. Even protesting
LOUDLY and drowning out the words of the priest/minister/rabbi/shaman
(whatever) ... that is infringing upon the right of religion.

I still haven't seen how moving these people a few hundred feet away
(so that people can practice their religious faith) is somehow stopping
them from being able to protest and have their right to free speech.


first off I agree with you that it does infringe, thats why I said it is punishable for them to do this. Just for different reasons.

And its not necessarily stopping their free speech. I just feel uncomfortable with them making laws that could move close and closer to real restriction of free speech when such a law isnt needed. Mainly because there are already laws that can restrict these people without banning certain protest, under certain circumstances. Instead of just using the existing laws to stop it, they make a new law which actually bans a type of protest, thus moving closer to restriction of free speech because it broadens the definition.

Plus its a waste of time to debate a law which isnt even needed to do the job that its suppose to because there are already laws that can.



reply posted on 26-5-2006 @ 12:27 PM by FlyersFan
Originally posted by Benevolent Heretic
I don't think we can use the religious aspect of some funerals
as the reason to stop these jerks.


MOST funerals in national cemetaries are religious. At least
if you look at Arlington the stones are all crosses and the Star of David.
I'm sure that there are some that are the Muslim version .. what ... a
cresent moon?? ( I don't know) In all the times I've been to Arlington,
I haven't seen any non-religious tombstones.

This is a law about National cemetaries. What are the stats on
types of funerals? I don't know. We will have to look them up.
MY GUESS is that almost all the funerals involve the families religion
and religious practices. But of course, that's just my guess.

BTW .. still waiting to see how moving these vile pigs a few hundred feet
away from people practicing their faith somehow takes away their right to
free speech.

OH .. I was thinking about what grim said. Why another law. I thought of
this. I don't know if it's right .. but this is a thought ...

Considering how Phelps & Co. are screaming 'freedom of speech', perhaps
the locals and the politicians were afraid to bring up the nuisance laws to
shut them down. Perhaps they thought that by adding this law for national
cemetaries they would ensure (and remind everyone of) the right of religion
to the mourners at the same time ensuring the right of freedom of speech
to the protesters??

Edited to add that Grim said this -
Plus its a waste of time to debate a law which isnt even
needed to do the job that its suppose to because there are already
laws that can.


That made me grin. Imagine that .. politicians wasting time! ha ha ha!
Perish the thought. Thanks Grim .. you made me smile.

Seriously .. they must have been afraid of something or they saw a
loophole ... I'm not there debating with them so I have no idea what
motivated them except disgust at Phelps (which I think we all have??).

[edit on 5/26/2006 by FlyersFan]
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