First understand the WBC – Westboro Baptist Church is lower than a snakes belly in a wagon rut.
The zombies of the WBC protested in 2006 at the funeral for Marine (USMC) Matthew Snyder, killed in Iraq. Their sickening behavior caused additional stress upon the family causing a court case. Originally the court ruled in favor of the family, subsequent lower court rulings were in favor WBC. The case ended up in the Supreme Court of the United States of America – USA.
The court ruled in favor of the WBC, 8 to 1, basically citing the First Amendment to the Constitution, the “freedom of speech” clause. When the fifty-five delegates to the Constitutional Convention met in Philadelphia in 1787, they inserted “freedom of speech” specifically to protect political speech. The nonsense from the WBC is political speech, thus according the Court enjoys the protection of the First Amendment.
The problem is not so much the speech as it is with the venue they select to exercise their free speech. One cannot go into a court room and exercise free political speech with the threat of being in contempt of court. Nor can the same be done in the visitor’s gallery of the House of Representatives. Both actions would get one into trouble. However do the same on a sidewalk outside a court or Congress, no problem because it would not disrupt a government proceeding and the venue selected is non-intrusive.
Military funerals are indeed a government proceeding and function. It is this venue which should be free from the WBC’s political speech as would be the visitor’s gallery in a court room or in a Congressional galley.
Westboro video:
First Amendment to the United States Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
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