We all know God hates everybody except them. This should keep their family full of lawyers tied up for awhile.
Westboro Baptist Gets A Surprise
- Thread starter Peacemaker
- Start date
Good for Congress! 
Westboro does not engage in speech. They are disruptive and threatening. There is no right to do that.
They also should not be allowed to use the term "Baptist" in their title seeing as how they in no way represent or are recognized by the actual Baptist faith. I too am apprehensive about prohibiting free speech but come on folks this one is a no brainer and I believe the right thing was done here. Speaking out is one thing but actively harassing and disrupting a funeral is overreaching the intentions of the Constitutional amendment.
A
Amaris
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While I do believe in freedom of speech, and of religion, to me, what WBC does is straight up harassment. So while I'm not comfortable with this new law (and I figure it will be struck down), I feel WBC should have been in trouble already for various local law violations. Surely harassing a private party en masse is illegal.
Is it just me or does anyone else fear that WBC is going to down like Waco someday. They creep me out in so many ways.
Yeah, I've no love for WBC but this seems a step too far. They certainly have a right to "protest" wherever they want. Even if their protest is hate-filled. It's not actively harming anyone so it should not be restricted.
We had a tornodo in my community a few months ago that killed several people and wiped out hundreds of homes and business. Westburo threatened to show up to the funeral of two little girls who were killed, torn from their fathers arms by the storm.
Thankfully hundreds of bikers of some sort gaurded the funeral home to keep them away. Speaking out against fallen soldiers of the country you hate is crazy, but rejoicing in the deaths of small children is even worse.
I support this law because no one but this one horrible group is affected.
Thankfully hundreds of bikers of some sort gaurded the funeral home to keep them away. Speaking out against fallen soldiers of the country you hate is crazy, but rejoicing in the deaths of small children is even worse.
I support this law because no one but this one horrible group is affected.
For now. But it sets a precedent. The infamous quoted lines of "First they came for the... but I did not speak up because I was not a..." fits here.
Westboro is a horrible, horrible group of people filled with unfocused hate and misplaced morals. But so long as their actions do not physically harm anyone they have every right to express those views on public grounds. They should not be restricted.
If we can do this because Westboro pissed off enough people then who's next? What's the next group that's going to piss off enough people that we'll get the SCOTUS to restrict?
A similar law was signed here in MI recently but it prohibits such picketing at all funerals. The theory is that a funeral is a religious service and that the picketers, by disrupting it, are interfering with the rights of the funeral goers to exercise their religious freedoms. Should make for some interesting legal proceedings.
Why does the religious freedoms trump the assemble freedoms?
Because, like EDUB said, the Westbozos are actively disrupting funerals. They aren't just speaking, they're physically interfering. And thus they are restricting the rights of the bereaved.
Side note: Does anyone ever turn things around and protest Westboro? Do groups of non-shitforbrains ever go down there and picket them while wearing shirts and signs that say things like "Fred Phelps Is Gay"?
Side note: Does anyone ever turn things around and protest Westboro? Do groups of non-shitforbrains ever go down there and picket them while wearing shirts and signs that say things like "Fred Phelps Is Gay"?
Ahem, the First Amendment is not absolute. The courts have ruled that the government may impose restrictions on time, place, and manner. You can find that here. From what I can tell, that's all that is going on. I'm sure WBC will protest it and fight it, but I really don't care.
Was there a line in the law that read "only applies to Westboro Church"?
Here is the relevant text: c. 2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery
‘(a) Prohibition- It shall be unlawful for any person--
‘(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or
‘(2) with respect to such a cemetery, to engage in a demonstration during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration--
‘(A)(i) takes place within the boundaries of such cemetery or takes place within 300 feet of the point of the intersection between--
‘(I) the boundary of such cemetery; and
‘(II) a road, pathway, or other route of ingress to or egress from such cemetery; and
‘(ii) includes any individual willfully making or assisting in the making of any noise or diversion--
‘(I) that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; and
‘(II) with the intent of disturbing the peace or good order of such funeral, memorial service, or ceremony; or
‘(B)(i) is within 500 feet of the boundary of such cemetery; and
‘(ii) includes any individual--
‘(I) willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery; and
‘(II) with the intent to impede the access to or egress from such cemetery.
‘(b) Penalty- Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, or both.
‘(c) Civil Remedies- (1) The district courts of the United States shall have jurisdiction--
‘(A) to prevent and restrain violations of this section; and
‘(B) for the adjudication of any claims for relief under this section.
‘(2) The Attorney General of the United States may institute proceedings under this section.
‘(3) Any person, including a surviving member of the deceased person’s immediate family, who suffers injury as a result of conduct that violates this section may--
‘(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and
‘(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys’ fees.
‘(4) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States.
‘(d) Actual and Statutory Damages- (1) In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection.
‘(2) A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action.
‘(3) In any action brought under subsection (c)(2), the Attorney General is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3).
‘(4) A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation.
‘(e) Rebuttable Presumption- It shall be a rebuttable presumption that the violation of subsection (a) was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not--
‘(1) disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or
‘(2) impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony.
‘(f) Definitions- In this section--
‘(1) the term ‘demonstration’ includes--
‘(A) any picketing or similar conduct;
‘(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony;
‘(C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and
‘(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and
‘(2) the term ‘immediate family’ means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 24 is amended by striking the item relating to section 2413 and inserting the following new item:
‘2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery.’.
‘(a) Prohibition- It shall be unlawful for any person--
‘(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or
‘(2) with respect to such a cemetery, to engage in a demonstration during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration--
‘(A)(i) takes place within the boundaries of such cemetery or takes place within 300 feet of the point of the intersection between--
‘(I) the boundary of such cemetery; and
‘(II) a road, pathway, or other route of ingress to or egress from such cemetery; and
‘(ii) includes any individual willfully making or assisting in the making of any noise or diversion--
‘(I) that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; and
‘(II) with the intent of disturbing the peace or good order of such funeral, memorial service, or ceremony; or
‘(B)(i) is within 500 feet of the boundary of such cemetery; and
‘(ii) includes any individual--
‘(I) willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery; and
‘(II) with the intent to impede the access to or egress from such cemetery.
‘(b) Penalty- Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, or both.
‘(c) Civil Remedies- (1) The district courts of the United States shall have jurisdiction--
‘(A) to prevent and restrain violations of this section; and
‘(B) for the adjudication of any claims for relief under this section.
‘(2) The Attorney General of the United States may institute proceedings under this section.
‘(3) Any person, including a surviving member of the deceased person’s immediate family, who suffers injury as a result of conduct that violates this section may--
‘(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and
‘(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys’ fees.
‘(4) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States.
‘(d) Actual and Statutory Damages- (1) In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection.
‘(2) A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action.
‘(3) In any action brought under subsection (c)(2), the Attorney General is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3).
‘(4) A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation.
‘(e) Rebuttable Presumption- It shall be a rebuttable presumption that the violation of subsection (a) was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not--
‘(1) disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or
‘(2) impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony.
‘(f) Definitions- In this section--
‘(1) the term ‘demonstration’ includes--
‘(A) any picketing or similar conduct;
‘(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony;
‘(C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and
‘(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and
‘(2) the term ‘immediate family’ means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 24 is amended by striking the item relating to section 2413 and inserting the following new item:
‘2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery.’.
They are a stupid one family cult whose fame was created by the media.
We need the guys from The Walking Dead to put down Fred Phelps's corpse once and for all. It's stinking up the country.
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