Thursday, April 21, 2011

OK: State passes law to restrict Westboro Baptist protests

We read:
"Oklahoma Governor Mary Fallin signed a bill into law Monday that restricts members of the Westboro Baptist Church from protesting at military funerals.

The new law, introduced by Republican State Senator Josh Brecheen, prohibits protests two hours before or after a funeral. It also restricts protesters from being within 1,000 feet of a funeral, up from 500 feet under a previous law."

Source

One understands the feelings behind this but such a law is nul and void given the ruling by SCOTUS on the matter. It would seem to be a case of lawmakers not respecting the law -- which would seem more troubling than what Fred Phelps does.

14 comments:

Anonymous said...

I can't wait until there is an F5 tornado that levels the WBC compound. Dear Jesus, please make it happen soon.

Anonymous said...

Really Jon, you need to actually read the Supreme Court decision before saying that this new law is "nul and void."

In the Westboro case, WBC followed the time and place restrictions of the state of Maryland for protesting at funerals.

The court reiterated that such time and place restrictions, as long as they are content neutral, are permissible.

From the decision: That said, “ ‘[e]ven protected speech is not equally permissible in allplaces and at all times.’ ” Frisby v. Schultz, 487 U. S. 474, 479. Westboro’s choice of where and when to conduct its picketing is notbeyond the Government’s regulatory reach—it is “subject to reason-able time, place, or manner restrictions.” Clark v. Community for Creative Non-Violence, 468 U. S. 288, 293.

It appears that this ordinance meets that standard and so despite your statement, should be held to be within the law.

Anonymous said...

It would be nice if the local police would refuse to protect these WBC maggots. You know, cities have to reduce their spending.

Anonymous said...

The police has to protect them just like they protect the Klan during their parades. It's free speech. Of course, I do agree with the 1,000 feet restriction, funerals are sacred and should be respected.

WHITE HOUSE DRUG CZAR WANTS YOUR DOCTOR TO GET MORE TRAINING.
http://libertarians4freedom.blogspot.com/2011/04/does-your-doctor-need-more-training.html

Anonymous said...

You know, there should be a law that if any member of the legislature puts forth a bill that is later struck down by the courts more than 4 times, then that person will lose their position, not be allowed to work in government, and not be allowed to collect any pension from government sources.

There needs to be some sort of punishment for directly going against the Constitution.

Anonymous said...

"The right time and place for free speach is EVERY FUCKING PLACE and ALL THE FUCKING TIME!"

Penn&Teller
"Penn&Teller:Bullshit!"

When funny magicians have a better grasp of freedom of expresion than lawmakers or the SCotUS I am deeply troubled by the failure of my government.

WBC gets to protest at funerals.
Nazis get to march through jewish neighborhoods.
Muslims get to build mosques "near" ground zero.
I could go on, but the point is it's called freedom. If you can't deal with it move to someplace that has less. Because I don't think we have enough left to share it with people that can't appreciate it.

Anonymous said...

The police has to protect them just like they protect the Klan during their parades.

Nope. Sorry. There is no ruling or law that requires cops protect anyone.

Cops are only required to arrest people after a crime has been committed. They are not required (and that is the key word - required) to prevent a crime from happening.

It is good policy to do so, but they are not required to do so.

Anonymous said...

Actually, the Hells Angels had volunteered to "deal with the rev" and his merry band whenever they show up at a funeral. Not only would they be doing a public service, but you can bet your life the problem would stop, instantly.

Anonymous said...

I agree whole heartedly with anon 3:35. If they get a good dose of their own particularly before a funeral they may think twice about their bullshit.

'Honestly officer I didn't see a thing'.

Stan B said...

Reasonable Time and Place restrictions have been upheld by the Supreme Court for the history of the United States.

You can't yell "fire" in a crowded theater, you can't encourage a person to commit a crime, and you can't advocate the violent overthrow of the U.S. Government.

History has shown us that when you force ideas underground, where they are allowed to fester and grow, you end up with "extreme" results. Branch Davidians, Jonestown, Ruby Ridge, are all examples of people who kept their ideas to themselves because they were "disturbing" to the majority.

The WB people have every right to protest the government, and there is no "right" not to be offended. Violent, hate filled outbursts against them are not the appropriate response, and make the perpetrator WORSE than the WB people.

These attempts at "reasonable" restrictions on ALL demonstrations around funerals are fine - until some anti-violence group starts a peaceful demonstration at some gang-banger's funeral. Are the police only going to enforce these restrictions when it's politically correct to do so???

Anonymous said...

Stan, their protests are actually more anti-gay than anti-govt, and the Left has decided that to be "hate speech", a crime. I still wonder why gay activists have not engaged in the battle with this group, especially since they never miss an opportunity to further their cause. Hmm...

Anonymous said...

To simply counter-protest this wacko christian group (by a gay group for example)is to give the WB Church a status and credibility it doesn't deserve. Better to have it disrupted in a less civilized fashion by Hells Angels or the like.

Anonymous said...

"How dare you side with the WBC scum? I think that Jon should ban you from posting here."

---#1. I'm siding with fee speech. #2Jon unlike you respects free speech. You should try the same, or did you think the First Amendment was written solely for popular ideas?

You're not different than the people who want to kill Pastor Terry Jones or prohibit him from burning Korans or from even demonstrating against Islam.

"I still wonder why gay activists have not engaged in the battle with this group, especially since they never miss an opportunity to further their cause. Hmm..."

---They have, they have set up counter protests. What else can they do? Shoot him? So called "hate speech" isn't a crime in America.

Everyone needs to remember that, because if America can censor Phelps, they can censor anyone. Then it's goodbye Rush Limbaugh, Glenn Beck, Bill O'Reilly, Michael Savage, and anyone who doesn't say the "right" things.

That's what happened in Europe and Canada and it could happen here.

Anonymous said...

"Then it's goodbye Rush Limbaugh, Glenn Beck, Bill O'Reilly, Michael Savage, and anyone who doesn't say the "right" things."

Do what's wrong with that? LOL