8th Circuit reverses panel on Westboro decision
In 2007, Manchester, Missouri wrote an ordinance in response to the spate of protests at funerals by the Westboro “Baptist Church” group which took to protesting at soldiers’ funerals. A three-judge panel had previously forbade the town from enforcing their law, but the 8th Circuit overturned that panel’s decision, according to the Associated Press;
A lawsuit claiming the Manchester ordinance violated free speech rights was filed by Shirley Phelps-Roper, a Westboro member and daughter of pastor Fred Phelps.
The Manchester ordinance allows for protest activities but with limitations. Among them: Protesters are not allowed within 300 feet (100 meters) of a funeral or burial service while it is occurring and for one hour before and one hour after.
Eighth Circuit Judge Diana Murphy wrote that the ordinance “serves a significant government interest, it is narrowly tailored, and it leaves open ample alternative channels for communication.”
In case you missed it, here’s some video of a soldier who liberated a defaced American flag from some Westboro fags at a funeral for SGT Donna Johnson in Raeford, NC this past weekend. Probably a poor decision for Westboro to protest near Fort Bragg. All reports are that the soldier was released without being charged.
TSO ADDS: For those that want to read the case, you can do so here. It should be noted that our success in this case is a result of the Snyder v. Phelps case that we lost. In finding against Snyder, the court did say that time/place/manner restrictions are constitutionally valid.
dang…that just jumped up on my Youtube. Saves me thr troulbe of emailing you.
Only saddened that it wasn’t a airborne drop.
Good on the young Troop to do that, Westboro needed to feel how we think of them, and what better way than that?
Good deal on the correct application of the law in this case. Their free speech rights should be allowed, but not to interfere with the privacy rights of the bereaved.
Westboro Baptist Church is a classic example of what happens when weak minded fools are led astray by hateful, pathetic old men claiming to speak for their god….while disgusting in their blatant hatred their protests thus far have remained in the realm of speech…
I do agree however a nice strong 4ss beating sure feels right dealing with these sh1tbirds.
I’m willing to bet that there where 5,000 witnesses that didn’t see a thing.
The video reminds me of one of the many reasons I didn’t join the Navy: seasickness. I’ll take your word for what happened.
Back to the main topic of the post, this court decision is great! I am still personally offended by the WBC being present at a military (or any other) funeral no matter how far away the sick bastards are from the funeral, but at least this allows for the 100 meter buffer zone to keep them at something of a distance from the funeral.
@4: better yet, 5k witnesses who saw them fall down, repeatedly, and this kind trooper tried to catch them with their fists…