Yes, I do believe in freedom of speech and freedom of religion. I don't think anyone is arguing against Phelps' right to express his beliefs.
I read the lawsuit, and it seems that defamation is the main complaint (not being a lawyer, I could be misreading it... here's the document so you can check it out yourself).
I don't think a funeral is a public event, any more than a wedding is. If the funeral is on public property, I guess it would have to be open to the public... but there are all sorts of ways that access is limited to public property, with things like parade permits and noise ordinances.
I don't think Phelps and his ilk need to be shut up (although if they choose to slander someone, they should be liable for damages). But I do think people who don't want to be exposed to his message during a specific time and place should have a mechanism to do so, just as a group of NOCIRC protesters would be escorted away from a bris.
Have you seen the documentary "Fall from Grace"? A local student made it, and it's on the way to wider viewing (I hope!).
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Date: 2007-11-02 01:37 am (UTC)I read the lawsuit, and it seems that defamation is the main complaint (not being a lawyer, I could be misreading it... here's the document so you can check it out yourself).
I don't think a funeral is a public event, any more than a wedding is. If the funeral is on public property, I guess it would have to be open to the public... but there are all sorts of ways that access is limited to public property, with things like parade permits and noise ordinances.
I don't think Phelps and his ilk need to be shut up (although if they choose to slander someone, they should be liable for damages). But I do think people who don't want to be exposed to his message during a specific time and place should have a mechanism to do so, just as a group of NOCIRC protesters would be escorted away from a bris.
Have you seen the documentary "Fall from Grace"? A local student made it, and it's on the way to wider viewing (I hope!).