Court allows group to picket soldiers' funerals (Phelps)

[babylonsister]

http://www.swamppolitics.com/news/politics/blog/2007/12/court_allows_group_to_picket_s.html

Court allows group to picket soldiers' funerals

by James Oliphant

A federal appeals court Thursday sided with a Kansas woman who believes that God’s hatred of homosexuality requires her to picket funerals for American soldiers holding signs that read “Thank God for Dead Soldiers” and “God Blew Up the Troops.”

Shirley Phelps-Roper is part of a Topeka, Kan. church that contends God is punishing the United States for permitting homosexuality by killing soldiers. In response to a August 2005 protest by Phelps-Roper and other members of her church at the funeral of Army Spc. Edward Lee Myers in St. Joseph, Mo., the Missouri legislature passed a par of laws that prohibited picketing near a funeral location or procession.

Phelps-Roper sued the state of Missouri and asked for an injunction against the enforcement of the provisions, claiming they were unconstitutional. The federal trial court denied Phelps-Roper her injunction and she appealed that denial to the federal appeals court in St. Louis.

Thursday, a three-judge panel of the Eighth Circuit granted Phelps-Roper the injunction, pending a full hearing on the merits of her claim. Typically, an injunction is granted if the petitioner can prove she is likely to prevail on her lawsuit. In this case, the panel found that Missouri’s law was likely unconstitutional because “any interest the state has in protecting funeral mourners from unwanted speech is outweighed by the First Amendment right to free speech.”

The matter will now return to the federal trial court in Kansas City for a full hearing on the merits of Phelps-Roper’s suit. In the meantime, she and members of her church can resume picketing military funerals.

As an aside, a visit to the church's website reveals that the church doesn't simply show up funerals. Upcoming targets include Billy Joel (and not for continuing to release greatest hits packages), Ozzy Osbourne, R. Kelly, Mannheim Steamroller(!) and, for some unspecified reason, the University of Kansas basketball game against Ohio University.

[TomInTib]

1. I wish somebody would wade into those fu*ks with a baseball bat.

Fuck 'em up so bad that the mere sight of a bus would make them catatonic.

[babylonsister]

2. Yes, me, too, and I hate violence. But these people are whacked. nt

[Webster Green]

7. I still think the local cops should just linger over their doughnuts..

Take their time getting to the funeral.

Things would work themselves out just fine.

[bbinacan]

8. My thoughts exactly. n/t

[MonkeyFunk]

3. It's the right decision

as well as allowing people to sue him for millions of dollars for intentional infliction of emotional distress.

The government can't stop him from protesting on the street - but a few more lost lawsuits might shut him down.

[walldude]

4. Ozzy.. now that's a confrontation I'd pay to see...

Maybe we can get Ozzy drunk and he can bite off Fred Phelps's head..

[brer cat]

5. I have strong feelings about protecting our freedom of speach...

but these folks are just sick and disgusting. No one at a funeral should have to face these a-holes.

[theoldman]

6. Perhaps the best thing is to try and ignore her.

Another idea would be to gather a larger crowd and intimidate her.