Funeral Protests by Westboro Baptist Church are not protected by Constitution

Originally posted by Aquarist
Federal law supercedes state laws.
2nd

eh . . . it depends on what law you are talking about,

This is just "Free Speech Zones" under a whole new name.

For all I know, tptb paid Phelps to go do this over and over until everyone was foaming at the mouth with so much hate that they would be willing to sacrifice their rights in order to shut him up.

Got an email today from my Tea Party group. We're in Utah. We're mostly made up of retired Air Force folks so we stick together. I'm in Europe right now so I can't go, but the group is going to help provide a human shield, they'll be sing hymns.

reply to post by Aquarist

Federal law supercedes state laws.
2nd

The Constitution supercedes Federal laws .
3rd

Originally posted by hotbakedtater
Well would the funeral fall under the right of a business person to operate their business reasonably? Reasonably be able to fufill the contract owner made with dead persons family to host funeral? Should business owner have those rights or not?

Again, it is a matter of the 9th Amendment. It would have to be considered by the SCOTUS whether or not it falls in as a right.

AT this time, it is not so.

No one is restricting protestors right to protest. Protestor has no right to protest in city sidewalks if town has anti ordinance against it. Go protest where it is permitted, after you buy your city protest permit.

What is a permit? Westboro has to get permission to use their right, therefore someone is indeed restricting their right to free speech

Originally posted by beezzer
Got an email today from my Tea Party group. We're in Utah. We're mostly made up of retired Air Force folks so we stick together. I'm in Europe right now so I can't go, but the group is going to help provide a human shield, they'll be sing hymns.

Good on them! This is exactly what needs to be done to these idiots.

I hope they stay safe!

reply to post by Lemon.Fresh

a SCOTUS has not stated that the right to a funeral is indeed a right,

So , now we need the court to "grant" us the right to bury our dead ?

reply to post by beezzer


Perfect - good luck to your tea party group I hope they achieve what they set out to do and shield this family and also that the event passes without any incident that causes disruption to the family.

Lyrics

First amendment? Son, the first amendment protects you from the government Not from me You can say whatever you want to out there You come within reach of me I'll exercise my right to give you a good ol' country ass whoopin' Is what I'll do for you By God

I think Trace Adkins says it best in this song.

This would be my response to each and every member of this "church" were they to pull their crap at the funeral of my child.

reply to post by facchino


We may have been just a bunch of officers(LOL), but we can be tough when we need to be.

Originally posted by Lemon.Fresh

Originally posted by beezzer
Got an email today from my Tea Party group. We're in Utah. We're mostly made up of retired Air Force folks so we stick together. I'm in Europe right now so I can't go, but the group is going to help provide a human shield, they'll be sing hymns.

Good on them! This is exactly what needs to be done to these idiots.

I hope they stay safe!

It's all about respect.

Can't really add anymore to that.

Originally posted by bozzchem
Lyrics

First amendment? Son, the first amendment protects you from the government Not from me You can say whatever you want to out there You come within reach of me I'll exercise my right to give you a good ol' country ass whoopin' Is what I'll do for you By God

I think Trace Adkins says it best in this song.

This would be my response to each and every member of this "church" were they to pull their crap at the funeral of my child.

edit on 12-1-2011 by bozzchem because: (no reason given)

You don't have a right to physically assault people.

This anti-Westboro movement is turning out to be extremist, violent, and terroristic.

Yeah, let's threaten violence against someone for speaking their mind, so hopefully they will get scared and stop speaking their opinions.

Do you folks not even realize how negative you are allowing westboro to make you?

The Bill of Rights protects citizens from the Government, Corporations, and other citizens who attempt to suppress or deny their rights.

Originally posted by beezzer

Originally posted by Lemon.Fresh

Originally posted by beezzer
Got an email today from my Tea Party group. We're in Utah. We're mostly made up of retired Air Force folks so we stick together. I'm in Europe right now so I can't go, but the group is going to help provide a human shield, they'll be sing hymns.

Good on them! This is exactly what needs to be done to these idiots.

I hope they stay safe!

It's all about respect.

Can't really add anymore to that.

Yes this is the correct manner to combat them.

Protest the protest.

Just like when the KKK comes out and does their thing. We can all protest them until they give up and go home.

But the KKK has every right to come out and say what they want, just as we have a right to stand up and tell them out stupid they are.

Not all speech is protected by the constitution.

You can't yell fire in a theater.
Or say bomb on an airplane.

Personally I think that the family in mourning should sue phelps for emotional damages.

And it makes me wonder. The constitution protects our right to religion. A funeral is a religious ceremony.

I wonder if families could also sue phelps on 1st amendment grounds for interfering with their right to freedom of religion.

wouldn't that be a hoot.

reply to post by muzzleflash

and other citizens who attempt to suppress or deny their rights.

Which is exactly what westboro is doing .

Thanks for making my point .

Originally posted by muzzleflash

Originally posted by 11PB11
reply to post by muzzleflash

 

You will not shut them up by passing new laws to reverse the Constitution's protections.

Unfortunately, our framers of the constitution were elusive when it came to an individual's right to privacy, but the third amendment gave us protection and privacy from search and seizure of our person and possessions, which of course, has been trashed.

The Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of the Ninth Amendment is elusive, but some persons (including Justice Goldberg in his Griswold concurrence) have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments.

"The makers of our Constitution understood the need to secure conditions favorable to the pursuit of happiness, and the protections guaranteed by this are much broader in scope, and include the right to life and an inviolate personality -- the right to be left alone -- the most comprehensive of rights and the right most valued by civilized men. The principle underlying the Fourth and Fifth Amendments is protection against invasions of the sanctities of a man's home and privacies of life. This is a recognition of the significance of man's spiritual nature, his feelings, and his intellect."

www.law.umkc.edu...

There's a lot to be said for the immoral acts of government, but it doesn't have to carry over to the people. There is such a thing as decency.

Reply to post by okbmd

Their job is the interpretation the Constitution. They are granting nothing. They would tell you if that is considered a right under the 9th, as is their job.




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Originally posted by muzzleflash

[uld be my response to each and every member of this "church" were they to pull their crap at the funeral

The Bill of Rights protects citizens from the Government, Corporations, and other citizens who attempt to suppress or deny their rights.

Nope! Only protects from the government. 1st Amendment says, "Congress shall make no law....." The 14th, which applies the 1st to the states, says, "No state shall...." And cities and counties are creatures of state law, so it applies to them, too. But not to corporations or other people.

I'm sorry but a funeral is for the family and friends to have a chance to pay their last respects and greive over the loss of a loved one. It is not, however, an open forum for ridicule and political debate. Respect the family of those that are departed and leave them alone.

They have lost someone close to them and do not need to hear/see signs of hate for any reason. Why someone would even consider doing that is beyond me. I lost my fiancee last year. Had they been there protesting I don't know what I would have done. She passed in my arms, in her bed. I was still in shock at the memorial service.

ll I am saying is that the family and friends should be allowed to go through the process unimpeded by some idiot with an agenda to get his name on TV again.

eta: They say they won't protest at the girls funeral in exchange for radio and TV time. WTF?? It is a funeral for an innocent 9 year old girl. How does she fit into their agenda?

Reply to post by grey580

Yelling fire in a theater is an infrinement on the rights of others. Protesting on public property does not infringe on rights.

They could try suing. I would back that.

And not all funerals are religious.



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