Federal Court Victory for our Military

A federal court in Missouri has rejected a request by a Kansas church to prevent enforcement of a state law that bans protests at funerals.  We filed an amicus brief in the case last fall supporting the state of Missouris efforts to defend the law.  Were pleased that the federal court moved to permit the enforcement of this important Missouri statute.  It is clear that the Missouri law properly underscores the fact that the protests designed to disrupt the peace and privacy of a solemn ceremony violate reasonable time, place, and manner regulations of speech that have been upheld repeatedly by numerous courts, including the Supreme Court of the United States.  The decision to deny the preliminary injunction is an important step in protecting the privacy of the family and friends of these fallen military heroes who have given their lives in defense of this country.
 
In rejecting the request for a preliminary injunction, U.S. District Court Chief Judge Fernando J. Gaitan, Jr. concluded:  "This Court finds that plaintiff has not demonstrated a likelihood of success on the merits of her claims regarding the constitutionality of [the law]."
 
Our friend-of-the-court brief was filed in September 2006 in U.S. District Court in Jefferson City, Missouri, in support of the state of Missouri which was sued in July 2006 by a member of the Westboro Baptist Church (WBC) of Topeka, Kansas, who challenged the Missouri law banning protests and picketing at funerals.  Missouri acted after protestors disrupted the funeral of Army Spc. Edward Myers in St. Joseph.  WBC launched a national effort to disrupt military funerals by berating the families of military men and women who have died in combat.
 
In our brief, we stated our deep concern about the actions of WBC and added:   Families and friends of fallen United States military personnel should be able to lay their loved ones to rest, and to memorialize their heroic lives, free from demonstrations which invade their right of privacy, worsen the profound emotional suffering that accompanies bereavement, and cause public disorder.  While the ACLJ actively defends the free speech rights of hundreds of individuals and groups in state and federal courts across the country, the ACLJ is also committed to the basic principle of law that the First Amendment does not give citizens a blank check to say whatever they want, however they want, wherever they want especially when the rights of others are violated.
 
We announced last fall that we would assist states and localities that face challenges by WBC and the ACLU to derail legislative efforts that curtail the protests.  In addition to Missouri, 29 other states have passed measures limiting protests at funerals.