Casperman
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i found this so wicked... those military funeral shld be private or quiet time for family to sorrow.. so let yall read and think of it//
Judge halts law aimed at stopping military funeral protests
By BRETT BARROUQUERE
Associated Press Writer
LOUISVILLE, Ky. (AP) -- A federal judge has temporarily suspended Kentucky's law forbidding protests within 300 feet of military funerals and memorial services.
U.S. District Judge Karen Caldwell said Tuesday that the law goes too far in limiting free speech. The law aimed at Westboro Baptist Church of Topeka, Kan., which is known for its anti-gay protests, is too broad, the judge said in issuing an injunction.
"The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants," Caldwell wrote in a 37-page ruling issued in Frankfort.
Earlier this year, the Kentucky General Assembly passed the law prohibiting nearly all protests near military funerals.
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Lili Lutgens, general counsel for the American Civil Liberties Union of Kentucky, which filed the suit, said Caldwell's ruling protects the First Amendment.
"We think Judge Caldwell reenforced the importance of freedom of expression," Lutgens said. "We continue to support the commonwealth's efforts to protect funerals, but we know it's not necessary to violate the First Amendment to do that."
Shirley Phelps-Roper, the attorney for and member of Westboro Baptist Church, which stages protests at military funerals, praised Caldwell's ruling.
"I'm surprised, but I'm happy about it," Phelps-Roper said.
Kentucky Attorney General Greg Stumbo said he was considering an appeal.
"I believe that society has an interest in honoring its war dead. Funerals are times of sacred and solemn reflection which must be protected from aggressive disruption," Stumbo said in a statement.
State Sen. Tom Buford, R-Nicholasville, one of the sponsors of the law, said the 300-foot barrier is the same buffer zone used to keep people from campaigning at voting precincts during elections.
"It would seem we want to give at least as much reverence to a funeral as we do an election," Buford said. "It seems like a sad day for our military."
Caldwell said the buffer zone would stop more than just protesters from speaking - it could restrict free speech rights in homes and on sidewalks and streets.
"It prohibits such activity whether the persons involved in the activities are visible to funeral participants or not and whether they are making any sound that funeral participants can hear or not," Caldwell wrote.
The law, which also applies to memorial services, wakes and burials, was aimed at members of Westboro Baptist Church who have toured the country protesting at military funerals. The church members claim the soldiers' deaths are a sign of God punishing America for tolerating homosexuality.
The ACLU filed the lawsuit on behalf of Bart McQueary, a Mercer County man who has protested alongside the church members on three occasions.
Protesters within 300 feet of such services would be guilty of first-degree disorderly conduct, punishable by up to a year in jail. The bill also would prevent protesters from using bullhorns to try to disrupt the services.
Buford said it was unlikely the General Assembly would take up the issue again until the legal proceedings have played out.
The federal government and more than half of the states, including Missouri, have enacted laws restricting funeral picketing. Laws in Missouri and Ohio are being challenged in federal court by Westboro Baptist, the ACLU or both. The Rev. Fred Phelps, who heads the church, and the church have been sued in Maryland and Missouri by family members of dead soldiers.
Lutgens said Caldwell's ruling could impact the laws in other states, depending on how those laws are written and their similarities to Kentucky's statute. Phelps-Roper said other judges should follow Caldwell's lead and strike down laws barring funeral protests.
"I expect if they're going to follow the law, it's the right thing to do," Phelps-Roper said.
Members of the Westboro church have protested at funerals for members of the Kentucky National Guard and U.S. Army soldiers based at Fort Campbell who have been killed in action.
At their protests, members of the Kansas group carry such signs as "Thank God for IEDs," the improvised explosive devices used by insurgents in Iraq. The group has also announced plans to protest at funerals, but failed to show up.
Funeral services have been scheduled for Saturday for a Kentucky National Guard soldier who died last week in Iraq, military officials said.
Services for Sgt. 1st Class Charles Jason Jones will take place at London Funeral Home in London, Ky. Burial will be at Locust Grove Cemetery in Keavy.
Jones, 29, of Lawrenceburg, was found dead in his quarters on Sept. 20 from noncombat-related causes. Military officials said they are still investigating the cause of his death.
Westboro Baptist issued a statement Tuesday night saying it would picket Jones' funeral
Judge halts law aimed at stopping military funeral protests
By BRETT BARROUQUERE
Associated Press Writer
LOUISVILLE, Ky. (AP) -- A federal judge has temporarily suspended Kentucky's law forbidding protests within 300 feet of military funerals and memorial services.
U.S. District Judge Karen Caldwell said Tuesday that the law goes too far in limiting free speech. The law aimed at Westboro Baptist Church of Topeka, Kan., which is known for its anti-gay protests, is too broad, the judge said in issuing an injunction.
"The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants," Caldwell wrote in a 37-page ruling issued in Frankfort.
Earlier this year, the Kentucky General Assembly passed the law prohibiting nearly all protests near military funerals.
Advertisement
Lili Lutgens, general counsel for the American Civil Liberties Union of Kentucky, which filed the suit, said Caldwell's ruling protects the First Amendment.
"We think Judge Caldwell reenforced the importance of freedom of expression," Lutgens said. "We continue to support the commonwealth's efforts to protect funerals, but we know it's not necessary to violate the First Amendment to do that."
Shirley Phelps-Roper, the attorney for and member of Westboro Baptist Church, which stages protests at military funerals, praised Caldwell's ruling.
"I'm surprised, but I'm happy about it," Phelps-Roper said.
Kentucky Attorney General Greg Stumbo said he was considering an appeal.
"I believe that society has an interest in honoring its war dead. Funerals are times of sacred and solemn reflection which must be protected from aggressive disruption," Stumbo said in a statement.
State Sen. Tom Buford, R-Nicholasville, one of the sponsors of the law, said the 300-foot barrier is the same buffer zone used to keep people from campaigning at voting precincts during elections.
"It would seem we want to give at least as much reverence to a funeral as we do an election," Buford said. "It seems like a sad day for our military."
Caldwell said the buffer zone would stop more than just protesters from speaking - it could restrict free speech rights in homes and on sidewalks and streets.
"It prohibits such activity whether the persons involved in the activities are visible to funeral participants or not and whether they are making any sound that funeral participants can hear or not," Caldwell wrote.
The law, which also applies to memorial services, wakes and burials, was aimed at members of Westboro Baptist Church who have toured the country protesting at military funerals. The church members claim the soldiers' deaths are a sign of God punishing America for tolerating homosexuality.
The ACLU filed the lawsuit on behalf of Bart McQueary, a Mercer County man who has protested alongside the church members on three occasions.
Protesters within 300 feet of such services would be guilty of first-degree disorderly conduct, punishable by up to a year in jail. The bill also would prevent protesters from using bullhorns to try to disrupt the services.
Buford said it was unlikely the General Assembly would take up the issue again until the legal proceedings have played out.
The federal government and more than half of the states, including Missouri, have enacted laws restricting funeral picketing. Laws in Missouri and Ohio are being challenged in federal court by Westboro Baptist, the ACLU or both. The Rev. Fred Phelps, who heads the church, and the church have been sued in Maryland and Missouri by family members of dead soldiers.
Lutgens said Caldwell's ruling could impact the laws in other states, depending on how those laws are written and their similarities to Kentucky's statute. Phelps-Roper said other judges should follow Caldwell's lead and strike down laws barring funeral protests.
"I expect if they're going to follow the law, it's the right thing to do," Phelps-Roper said.
Members of the Westboro church have protested at funerals for members of the Kentucky National Guard and U.S. Army soldiers based at Fort Campbell who have been killed in action.
At their protests, members of the Kansas group carry such signs as "Thank God for IEDs," the improvised explosive devices used by insurgents in Iraq. The group has also announced plans to protest at funerals, but failed to show up.
Funeral services have been scheduled for Saturday for a Kentucky National Guard soldier who died last week in Iraq, military officials said.
Services for Sgt. 1st Class Charles Jason Jones will take place at London Funeral Home in London, Ky. Burial will be at Locust Grove Cemetery in Keavy.
Jones, 29, of Lawrenceburg, was found dead in his quarters on Sept. 20 from noncombat-related causes. Military officials said they are still investigating the cause of his death.
Westboro Baptist issued a statement Tuesday night saying it would picket Jones' funeral
