ACLJ Urges GA Officials to Protect Solemnity of Memorial Service for Va. Tech Student After Protest Planned

April 20, 2007

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is working with officials in Georgia after a Kansas church announced plans to picket a memorial service scheduled tomorrow for Ryan Clark a Virginia Tech student who was murdered this week during the massacre in Blacksburg, VA.  The Westboro Baptist Church (WBC), which has picketed and disrupted military funerals, is now targeting funerals of Virginia Tech students.  The ACLJ is urging Georgia officials to take constitutionally-backed action to prevent any disruption at Ryans memorial service.

"This clearly represents a new low for these protestors who now intend to disrespect the memory of the victims of massacre at Virginia Tech," said Jay Sekulow, Chief Counsel of the ACLJ which is countering efforts by the WBC to disrupt funerals.  "Those attending Ryan Clarks memorial service should be able to participate and pray in peace and quiet without undue interference by WBC.  Its clear that federal, state, and local laws properly underscore the fact that 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.  We urge local officials to utilize constitutionally-sound laws to protect the solemnity of Ryans memorial service."

WBC says it intends to picket the memorial service of Ryan Clark which is scheduled to take place tomorrow at Lakeside High School in Evans, GA.

In a letter delivered today to Doug Batchelor, counsel for Columbia County, the ACLJ urges local officials to "apply any and all state and local laws which will permit the memorial service to be conducted with due solemnity and respect."

The ACLJ letter details legal precedent and concludes by reminding local authorities that they have a right to ensure that this memorial service is not disrupted.

"While WBC may have a right to picket events such as tomorrow's memorial service, this does not mean that WBC may disregard reasonable time, place, and manner restrictions on such activities, or ignore other federal, state, and local laws applicable to its conduct."

"Under the First Amendment, there is a stark difference between the ban on the content of political speech and a content-neutral application of governmental policies to ensure that memorial services can take place without excessive noise or physical disruption.  The government may enact and apply reasonable, content-neutral limitations on the time, place, and manner of expression which leave open ample alternative channels of communication in order to promote the public interest and preserve the rights of others.  Governments may not enact unconstitutional 'heckler's vetoes,' but they may establish reasonable regulations on the time, place, and manner of expression."

The ACLJ letter concludes:  "We admire the commitment of Columbia County in ensuring that family, friends, and other grieving citizens can honor Ryan's life and memory without undue interference by WBC."

You can read the ACLJ informational letter posted here.

The ACLJ has successfully challenged WBCs actions in the past.  Three months ago, a federal court in Missouri rejected a request by WBC to prevent enforcement of a state law that bans protests at funerals.  The ACLJ filed an amicus brief in that case supporting the state of Missouris efforts to defend the law.

Last fall, the ACLJ announced that it 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, some 30 other states have passed measures limiting protests at funerals. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.