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Home/World/Federal Judge: State ban on protests at military funerals unconstitutional

Federal Judge: State ban on protests at military funerals unconstitutional

Written by Bill Mears, CNN | Friday, August 20, 2010

Church members, led by pastor Fred Phelps, believe God is punishing the United States for “the sin of homosexuality.”

Read related Op-Ed article of interview with Rev. Phelps daughter at: bit.ly/bzGQZg

Missouri’s tight restrictions on protests and picketing outside military funerals were tossed out by a federal judge Monday, over free speech concerns.

A small Kansas church had brought suit over its claimed right to loudly march outside the burials and memorial services of those killed in overseas conflicts. The state legislature had passed a law to keep members of the Topeka-based Westboro Baptist Church from demonstrating within 300 feet of such private services.

Church members, led by pastor Fred Phelps, believe God is punishing the United States for “the sin of homosexuality” through events including soldiers’ deaths…

The Supreme Court last year had granted a temporary injunction blocking enforcement of the law until it could be challenged. The justices will hear a similar challenge this fall involving the same church.

Judge Fernando Gaitan in a 19-page order, dismissed the state legislation.
The laws, said the Kansas City-based judge, “could have the effect of criminalizing speech the mourners want to hear, including speech from counter-protesters to plaintiffs’ [the Westboro Church’s] message. As the law burdens substantially more speech than is necessary to further the government’s interest, [the law] violates the free speech clause of the First Amendment.”

Read More: http://www.cnn.com/2010/CRIME/08/16/missouri.funeral.protests.ruling/index.html

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