Yesterday U.S. District Judge Fernando Gaitan struck down Missouri’s ban on funeral protests by upholding the a previous appeals court ruling and saying the ban was unconstitutional.
The primary state law had barred protests near any funeral, procession or memorial service from an hour before until an hour after the service. The secondary measure specifically stated protesters must stay back at least 300 feet. Both provisions levied the same penalty: up to six months in jail and a $500 fine for a first offense and up to one year in jail and a $1,000 fine for repeat offenders.
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Gonder said Gaitan’s hands were tied by a federal appeals court ruling that there was no compelling government interest in protecting people from unwanted speech outside their homes.
Personally, I think Westboro “Baptist Church” is a bigoted cult that shames the faith and if someone told me that the entire clan was born of cousin-humping nay would I be surprised. Loathing them, however, loathing their words and actions isn’t enough to fundamentally alter the Constitution in ways that could have adverse affects to the conservatives that enjoy First Amendment protections and have used those rights to further the cause of liberty.
The First Amendment wasn’t designed just to protect speech from within our comfort zones.
