An ordinance restricting picketing at funerals to protect the bereaved from the antics of Fred Phelps and other members of his Westboro Baptist Church (of GodHatesFags.com and GodHatesAmerica.com) was repealed in August.
The repeal cites an Eighth Circuit Court of Appeals decision ruling that restrictions against picketing funerals that are held outside of a private residence violate the First Amendment. However, the 8th Circuit's argument that, "the home is different, and, in our view, unique" offers a possible solution to families wishing to grieve in peace: hold a memorial service at home, or a friend's home.
Meanwhile, a recent Fourth Circuit Court of Appeals (Synder v. Phelps) decision reversed, also on First Amendment grounds, a monetary award against Phelps for picking another funeral.
Read the repeal here: cached version
Read about the Fourth Circuit Court case in the Kansas City Star here: http://www.kansascity.com/news/local/story/1467508.html
Read the Fourth Circuit's opinion here (Scroll to last link): http://pacer.ca4.uscourts.gov/cgi-bin/opinions.pl
Saturday, October 24, 2009
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