There Ought NOT Be A Law
If there is anything more offensive, more repugnant or more unjustified than picketing a funeral, any funeral, I can not think of it.
Currently members of the Westboro Baptist Church of Topeka, KS are traveling the country picketing the funerals of U.S. troops killed in Afghanistan and Iraq. The church contends the death of American soldiers is part of God's wrath against this country because of homosexuality.
No matter how repugnant some, many or most of us might find their actions in conducting these protests, the fact is the 1st Amendment to the U.S. Constitution protects the their right to engage in legal and peaceful demonstrations to voice their opinions.
Recently at a soldier's funeral in Chelsea, Oklahoma a variety of motorcycle riders, many associated with veterans groups, were requested by family members of the deceased soldier to form a counter-demonstration. The counter-demonstrators formed a barrier between the protesters and the funeral procession, revved the engines of their motorcycles drowning out the protesters. The riders also formed a solid line, waving American flags to block the view of the protesters.
Numerous residents of Chelsea joined the bikers in the counter demonstration, waving flags and honoring the fallen soldier. In doing this, the counter- demonstrators were also within their 1st Amendment rights.
The original demonstrators realizing they had been out done, packed up their hate mongering and left. For this we commend the counter-demonstrators for taking a stand for what is decent, honorable and patriotic. They made their point in a perfectly lawful and honorable method and in the process paid their respects to a fallen hero. This is as it should be. That the hate mongers left like whipped dogs is so much the better.
As a result of the protest in Chelsea and a similar protest in Newkirk, OK in July, State Representative Paul Wesselhoft wants to make it a misdemeanor to hold a protest or demonstration at a funeral. Wesselhoft's proposed law would make it illegal to picket or demonstrate within 500 feet of a funeral and within two hours of the time a funeral is to begin or to end. On the surface such a law sounds reasonable. However as is often the case the devil is in the details.
The first problematical detail of such a law is that it likely would run squarely into the 1st Amendment. Can Oklahoma afford and do Oklahomans want a costly and protracted legal fight? One which will bring national attention to not only our state but which will provide immense publicity and a national forum to the very band of hate mongers that we seek to silence?
The second problematical detail of such a law is that it would be so broad in nature that it would make illegal picketing and/or demonstrations totally unrelated to the funerals it is supposed to protect. Five hundred feet is almost the length of two football fields. How many churches and funeral homes in Oklahoma are located more than 500 feet from the nearest business? The nearest government building? Or other public place where citizens unaware of a funeral being conducted two hours in the future or two hours in the past will be subject to arrest for exercising their 1st Amendment rights?
Granted, something needs to be done to address this issue.
It seems that the residents of Chelsea and those that traveled there to honor a fallen hero had the right idea. If we find fault with a group of protesters picking the funerals of our dead surely we can, with the permission of the family of the deceased, find a means to peacefully counter their demonstration.
The last thing we need is a vague and overly-broad law which will not only be struck down on a constitutional basis but which will also provide a national forum to a group of hate mongers that love nothing more than the limelight and the attention such an ill-advised law will provide them.
