Across America, members of the Westboro Baptist Church have made headlines for their fanatical beliefs and outrageous protesting methods. They are a homophobic and anti-Semetic religious organization based in Topeka, Kans., who travel all over the country to picket and protest at funerals, concerts, conventions and even high schools.
On Aug. 22, the California State Senate passed a bill that puts restrictions on the actions of funeral protesters. Action had to be taken due to the huge amount of controversy surrounding the malicious California funeral protests.
According to the bill, one hour before, after and during a funeral or memorial service, people would not have been allowed to protest or picket a funeral or memorial service within a 1,000-foot radius of the gathering. The distance would be to ensure a comfortable distance between mourners and protesters.
However, on Sept. 7, Gov. Jerry Brown vetoed this bill, claiming that it would override a fairly recent Supreme Court ruling. The 8-1 vote ruled in the favor of funeral protesters, granting them immunity from being sued for emotional distress by family members of the deceased.
In order to ensure the First Amendment rights of free speech held by every American citizen, the Supreme Court found it necessary to prevent funeral protesters from getting into legal trouble for voicing their opinions. State lawyers deduced that fighting the precedent would be pointless since the ruling was so recent and so clear.
However, it is completely fair for the government to impose restrictions on time and place, because funerals and memorial services are incredibly difficult times for the loved ones of the deceased. The friends and family of the deceased deserve privacy; a respectable distance between protesters and memorial or funeral goers ensures that they will have it.
Like every American individual and organization, the Westboro members are entitled to free speech, free press and the freedom to protest, as well as the right to petition and the freedom of religion by way of the First Amendment.
According to the bill, protesters would simply be required to move their protests to a more comfortable location for the funeral or service attendees.
In other words, the bill does not violate the First Amendment. It is only a responsible limitation on speech on moral, ethical and emotional grounds. Its presence is necessary in state law in order to respect the deceased and the best interest and well-being of their loved ones.
These protesters, despite area and time restrictions, retain their constitutional right to write anything they choose on their signs and say anything they like into their megaphones.
Even though the members of the Westboro Baptist Church may feel so strongly about spreading their message that they are willing to travel across the country on a regular basis, they should understand and respect moral boundaries.
If one wishes to protest a ceremony paying homage to a human life, they should be respectful and protest in any place but the location of the ceremony. Someday perhaps the Supreme Court will have the less radical interpretation of the First Amendment and states like California will be allowed to place limits on outrageous funeral protests.
