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Volume 71, Issue 99, Tuesday, February 28, 2006

Opinion
 

Staff Editorial


EDITORIAL BOARD

                Chris Elliott                        Zach Lee                  Christian Palmer
                Geronimo Rodriguez       Blake Whitaker       Kristen Young


Funeral ban sparks free speech controversy

The First Amendment guarantee of freedom of speech should be considered one of the most important elements of liberty in the United States. It becomes harder, however, to defend that right in the face of profound obscenity.

At least 14 states have created a free speech firestorm after they proposed bans on funeral protests. The measures were a reaction to recent protests by the Rev. Fred Phelps of Westboro Baptist Church in Topeka, Kan. Phelps and a few followers have protested funerals of soldiers who died in Iraq, displaying signs with slogans like "Thank God for IEDs" and "God Hates Fag Enablers." It's their belief that God is punishing American troops for their country's tolerance of homosexuals.

Phelps' logic is clearly flawed, and few would disagree with the fact that his message is incredibly offensive. Nevertheless, the Constitution supports his right to express his opinion. The question is, does free speech permit protestors to harass grieving families?

One Wisconsin measure would ban protests within 500 feet of memorial services. Phelps, a 76-year-old law school graduate who gained notoriety for protesting funerals of AIDS victims in the 1990s, said he'd sue over any bans that reach farther than 90 feet.

It's clear families, whether their loved one was a soldier or a victim of AIDS, should be given some degree of privacy during funerals -- apparently, that's something around which even Phelps can wrap his twisted mind. Ninety feet may not be enough to shield families from protestors, but it should give them enough distance to focus on saying goodbye. Groups who have blocked funeral demonstrators from families' views with American flags or angel wings help as well and should be commended for their actions. Still, it's incredibly difficult to find the magic distance that preserves First Amendment rights while protecting the sanctity of a funeral.

Either way, it's a testament to the foundation of this country when even the most extreme displays of bigotry and hatred are still considered free speech.

 

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