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Strongly suspect it will not be upheld by the supreme court, and it shouldn't be. Westboro Baptist Church is offensive, but living a life free of being offended is not a right.
Offensive speech is exactly what needs protecting.
Bottom line is that you either have the right to free speech or you don't
There is no middle ground. The is no such thing as limited freedom of speech.
Offensive speech is exactly what needs protecting.
YES!
Congress Passes Restrictions On Military Funeral Protests, Delivers Blow To Westboro Baptist Church
And here's something else I'll hardly ever say:
GO CONGRESS!
Offensive speech is exactly what needs protecting.
They can say whatever they want. They simply can't do it at someone's funeral.
At least 2 hours before, or 2 hours after said funeral, at the site of the funeral.
That's about as reasonable a condition as one could ask.
Bottom line is that you either have the right to free speech or you don't
There is no middle ground. The is no such thing as limited freedom of speech.
Bottom line is that you either have the right to free speech or you don't
There is no middle ground. The is no such thing as limited freedom of speech.
Wrong. No right is absolute.
YES!
Congress Passes Restrictions On Military Funeral Protests, Delivers Blow To Westboro Baptist Church
And here's something else I'll hardly ever say:
GO CONGRESS!
Strongly suspect it will not be upheld by the supreme court, and it shouldn't be. Westboro Baptist Church is offensive, but living a life free of being offended is not a right.
YES!
Congress Passes Restrictions On Military Funeral Protests, Delivers Blow To Westboro Baptist Church
And here's something else I'll hardly ever say:
GO CONGRESS!
Strongly suspect it will not be upheld by the supreme court, and it shouldn't be. Westboro Baptist Church is offensive, but living a life free of being offended is not a right.
The court has long upheld that obscene speech can be limited.
Its hard to imagine how a reasonable person wouldn't view this form of speech as obscene.
According to "The Honoring Americas Veterans and Caring for Camp Lejeune Families Act of 2012," demonstrators will no longer be allowed to picket military funerals two hours before or after a service. The bill also requires protestors to be at least 300 feet away from grieving family members.
Under nearly every theory of free speech, the right to free speech is at its core the right to communicate to persuade and to inform people through the content of ones message. The right must also generally include in considerable measure the right to offend people through that content, since much speech that persuades some people also offends others.
Persuading and informing people may certainly cause harm; the listeners might be persuaded to do harmful things. But the premise of modern First Amendment law is that the government generally may not (with a few narrow exceptions) punish speech because of a fear, even a justified fear, that people will make the wrong decisions based on that speech: [T]he people in our democracy are entrusted with the responsibility for judging and evaluating the relative merits of conflicting arguments.... f there be any danger that the people cannot evaluate the information and arguments advanced by [speakers], it is a danger contemplated by the Framers of the First Amendment. Thus, punishing speech because its content persuades, informs, or offends especially conflicts with the free speech guarantee, more so than punishing speech for reasons unrelated to its potential persuasive, informative, or offensive effect.
The Volokh Conspiracy - Content-Based Speech Restrictions vs. Content-Neutral Speech Restrictions:
