By Brittney Hodnik
Impunity Watch Reporter, North America
WASHINGTON, United States – The controversial Supreme Court ruling in Snyder v. Phelps has sparked new legislation dealing with free speech. Fourteen states are now seeking to pass a bill that would extend the “buffer zones” and “quiet time” associated with military funerals. Although the Supreme Court has deemed these limitations constitutional, many are skeptical that the bill will severely limit free speech and expression in the United States.
As reported by RecordNet.com, Westboro Baptist Church made headlines with its divisive protests at military funerals in 1998. In 2006, the church protested the funeral of Marine, Matthew Snyder, believing his death signaled the consequence of God’s wrath towards homosexual tolerance in the United States. Westboro Baptist is infamous for their hate-filled signs including: “God hates fags” and “Thank God for Dead Soldiers.”
In early March, the Supreme Court ruled in an 8-1 decision that Westboro’s message was protected speech under the First Amendment. According to The Washington Post, the American public has mixed reactions. A poll from the AP, GfK and the National Constitution Center shows that 70% of Americans agree that free speech rights are fundamental and require protection “even if they take [deeply offensive] positions.”
However, many states are now passing bills that put stricter limitations on military funeral protests. According to Patch.com, Senate Bill 888 in California would make it a misdemeanor to picket a military funeral, unless protestors are at least 1,000 feet from the funeral and located on public property. Also, the “quiet time” would be extended to a period one hour before and after the funeral.
There are mixed feelings about the new restrictions. Cornell law professor, Steven Shiffrin made his concerns clear in his interview with USA Today. “To me, this turns First Amendment values upside down.” Shiffrin goes on to say that these new laws are vulnerable because of their application to military funerals and not all funerals.
Legislative director of the American Civil Liberties Union (ACLU) of Oregon, Andrea Meyer agrees with Shiffrin. “The proposal violates the state’s guarantee of free expression,” she shared with USA Today.
On the other hand, there are also people supporting the proposed legislation, arguing that families should not have to tolerate hateful protests. State Senator Ted Lieu sponsored California’s proposed bill, which passed in the state Senate by an overwhelming 36-1 vote yesterday. He terms the Snyder ruling a “stupid decision.”
More and more states are passing these restrictive bills, but, according to RecordNet, “free speech rights almost always must trump hurt feelings and the pain it can cause in a free society.”
For more information, please see:
ManhattanBeachPatch.com — State Measure Would Restrict Funeral Protests – 6 June 2011
Recordnet.com — The Right to be Left Alone— 6 June 2011
USAToday.com — States Look to Guarantee Civility at Military Funerals — 3 June 2011
The Washington Post — Westboro Baptist Church Wins Supreme Court Case for Right to Protest Military Funerals — 3 March 2011
