Federal appeals court allows funeral protest curbs; Westboro targeted

Margie M. Phelps, left, stands with her husband Pastor Fred Phelps and her daughter Margie J. Phelps during a demonstration outside the federal courthouse in Baltimore, Maryland, Wednesday, Oct. 31, 2007. / Jed Kirschbaum,AP Photo/Baltimore Sun

ST. LOUIS A St. Louis suburb can enforce a funeral protest ordinance aimed at preventing picketing by an anti-gay Kansas church, a federal appeals court ruled Tuesday.

The 8th U.S. Circuit Court of Appeals ruling reverses a previous ruling by a three-judge panel of the court. The panel ruling last year prohibited the St. Louis County town of Manchester, Mo., from enforcing the law it drafted in response to activities by members of Topeka, Kan.-based Westboro Baptist Church.

A lawsuit claiming the Manchester ordinance violated the First Amendment right to free speech was filed by Shirley Phelps-Roper, a Westboro member and daughter of pastor Fred Phelps.

Members of the church frequently protest at funerals of soldiers with signs containing messages like "Thank God for dead soldiers" and "Thank God for 9/11," claiming the deaths are God's punishment for American immorality and tolerance of homosexuality and abortion.

The Manchester ordinance allows for protest activities but with limitations. Among them: Protesters are not allowed within 300 feet of a funeral or burial service while it is occurring and for one hour before and one hour after.

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Eighth Circuit Judge Diana Murphy wrote that the ordinance "survives First Amendment scrutiny because it serves a significant government interest, it is narrowly tailored, and it leaves open ample alternative channels for communication."

Judge Lavenski Smith agreed, though he wrote in a concurring opinion that the appeals court "is extending the circumference of what this circuit has previously found constitutes a significant government interest."

Play Video

Schieffer on the Westboro Baptist Church's protests

Courts around the country have wrestled with city ordinances and state laws aimed at keeping Westboro members away from funerals. Some laws, like a statewide law in Missouri, have been overturned. Others have been upheld.

Manchester City Attorney Patrick Gunn said the Manchester law was written to resemble an Ohio law already upheld by the 6th U.S. Circuit Court of Appeals.

Play Video

Supreme Court protects funeral protests

"We were confident that eventually our ordinance was not in any way unconstitutional or overimposing on a person's right to exercise free speech," Gunn said.

Tony Rothert, an American Civil Liberties Union attorney who represented Phelps-Roper, said a decision about whether to appeal will be made soon.

"We think it's a slippery slope not justified by the First Amendment or Supreme Court precedent," Rothert said. "Ultimately that's probably an issue for the Supreme Court to decide."

Manchester adopted its ordinance in 2007, though Gunn said Westboro members never have protested at a funeral or burial in that community.

Steve Drain, a member and spokesman for Westboro Baptist, said the church will continue to protest at military funerals in spite of the ruling.

"It won't have any impact," Drain said. "We're not interested in breaking any laws, we're interested in preaching the word of God to a doomed nation."

[jt24jess]

It makes me sad to think that about how our founding fathers and all the men who died for the independence of this country have dedicated their lives for this. These people (WBC) who condemn any and all soldiers. It makes me sick to think that these inbreds can try to degrade the life and job of a soldier, even though thousands of soldiers died trying to found this country. Their deaths seem to be in vain when I look at groups like the WBC. I honestly don't think that our founding fathers had this type of speech in mind when they wrote the Constitution. It makes me sad to think that we allow such immoral, degrading, disrespectful, and disloyal behavior.

[Mick_from_Amsterdam]

I believe the fairest, most equable solution to "The Westboro Question"is to appoint a panel comprised of veterans of Iraq and Afghanistan...SEALS, Marines, Special Forces...all men who have lost people closer than brothers...

Have the entire congregation of hate-worshippers brought before this duly-appointed (and heavily armed) panel...at a remote location to avoid any collateral damage...

Where they can exercise their right of free speech by denouncing them and their fallen comrades as fiends of Satan for serving and dying for their country...

Problem solved!

[rainmanxxb]

Where is the line drawn between freedom of speech and disorderly conduct?

[julianpenrod]

So, when Muslims get upset over cartoons deliberately mocking Muhammed or a film intended to attack him, it's a matter of freedom of speech. And "the U.S. stands alone in its noble championing of absolute, universal freedom of speech". "No speech shall be infringed upon by a 'democracy'." "Only barbarians would harm anyone trying to exercise freedom of speech."
And, now, the sheer viciousness of the sentiments leveled against the Westboro Church members. A number of recommendations to kill them. Several to brutalize them They don't seem to mind proving what hypocrisy is behind the acts to try to antagonize Muslims to violence.

[skeezix06]

Viciousness is going to someone's funeral and attacking the grieving family.

It's not up to you to judge others. If they really were a church they'd understand that.

[barcar55]

GROWERGREG never ceases to amaze me with the hateful comments. What character you have. First off, let me assure you REAL Christians do not act or tolerate the behavior of the Westboro church. I feel bad even calling them a church since that would be an insult to God. Real Christians think they are a total embarrassment.

[Mick_from_Amsterdam]

Gee...Barcar...

What's this "real Christian" like?

There can't be more than one or two...

[BillyBadAzzz]

Just shoot them and get it over with.

[clydealan2]

Wait a minute. Don't the grieving families have a legal right from emotional injury? Doesn't the funeral home have a legal right to conduct its business? Isn't there a law to protect the privacy of a family? Doesn't this look like bullying?

[WitchBroom]

A church in Denver, CO successfully sued and obtained a permanent restraining order against the Westboro group. It happened after the Westboro clan sent letters to leaders and youth in the Denver church that Westboro was intentionally targeting the church youth. Not only were they threatening the church youth, but they were also trespassing on church property, yet when told to leave the premise they refused, so they were cited for disorderly conduct, obstructing law enforcement then hauled to jail. In a matter of days, an emergency hearing was held where the judge issued a temporary restraining order. Then it didn't take long when the matter went to trial that the court made it permanent. Westboro hasn't come back to the church.

[lifeduringwartime]

If any of these p.o.s. come to my town they may not leave it.

[crankyoleman]

Thanks to the Patriot Guard Riders for their continued support of our war heroes and their families. Nothing like a few (hundred) bikes to block/drown out these fools.