I hate what these people have to say, but I will defend their right to say it.

 

 

I will too; just not at funerals.

I will too; just not at funerals.

 

I agree. We put limitations on free speech all the time. Some things are not allowed to be said in certain venues. I have no problem with funerals becoming one of those protected venues.

I agree. We put limitations on free speech all the time. Some things are not allowed to be said in certain venues. I have no problem with funerals becoming one of those protected venues.

 

Does anyone know the case law that would forbid a judge from barring protesters at a funeral?

I hate what these people have to say, but I will defend their right to say it.

I agree. This jury decision sets a horrible precedent that I hope will be overturned on appeal.

 

At the same time, I hope that the Rev. Phelps and his family get beaten to a pulp the next time that they harass a grieving family at a funeral. If Phelps & flock committed a crime, punish them to the full extent allowed by law. Otherwise, let Phelps feel some of the pain that his victims feel.

Does anyone know the case law that would forbid a judge from barring protesters at a funeral?

Legislative law in KY.

525.055 Disorderly conduct in the first degree.

(1) A person is guilty of disorderly conduct in the first degree when he or she:

(a) In a public place and with intent to cause public inconvenience, annoyance, or

alarm, or wantonly creating a risk thereof:

1. Engages in fighting or in violent, tumultuous, or threatening behavior;

2. Makes unreasonable noise; or

3. Creates a hazardous or physically offensive condition by any act that

serves no legitimate purpose; and

(b) Acts in a way described in paragraph (a) of this subsection within three hundred (300) feet of a:

1. Cemetery during a funeral or burial;

2. Funeral home during the viewing of a deceased person;

3. Funeral procession;

4. Funeral or memorial service; or

5. Building in which a funeral or memorial service is being conducted; and

© Acts in a way described in paragraph (a) of this subsection at any point in time between one (1) hour prior to

the commencement of an event specified in paragraph (b) of this subsection and one (1) hour following its conclusion; and

(d) Knows that he or she is within three hundred (300) feet of an occasion described in paragraph (b) of this subsection.

(2) Disorderly conduct in the first degree is a Class A misdemeanor.

 

And

 

525.155 Interference with a funeral.

(1) A person is guilty of interference with a funeral when, at any point in time between

one (1) hour prior to the commencement of an event specified in this subsection and

one (1) hour following its conclusion, he or sheblocks, impedes, inhibits, or in any

other manner obstructs or interferes with access into or from any building or

parking lot of a building in which a funeral, wake, memorial service, or burial is

being conducted, or any burial plot or the parking lot of the cemetery in which a

funeral, wake, memorial service, or burial is being conducted.

(2) Interference with a funeral is a Class B misdemeanor.

I have to wonder if a jury would convict a grieving family member for assulting these people. I don't think they would in this state.

Legislative law in KY.

525.055 Disorderly conduct in the first degree.

(1) A person is guilty of disorderly conduct in the first degree when he or she:

(a) In a public place and with intent to cause public inconvenience, annoyance, or

alarm, or wantonly creating a risk thereof:

1. Engages in fighting or in violent, tumultuous, or threatening behavior;

2. Makes unreasonable noise; or

3. Creates a hazardous or physically offensive condition by any act that

serves no legitimate purpose; and

(b) Acts in a way described in paragraph (a) of this subsection within three hundred (300) feet of a:

1. Cemetery during a funeral or burial;

2. Funeral home during the viewing of a deceased person;

3. Funeral procession;

4. Funeral or memorial service; or

5. Building in which a funeral or memorial service is being conducted; and

© Acts in a way described in paragraph (a) of this subsection at any point in time between one (1) hour prior to

the commencement of an event specified in paragraph (b) of this subsection and one (1) hour following its conclusion; and

(d) Knows that he or she is within three hundred (300) feet of an occasion described in paragraph (b) of this subsection.

(2) Disorderly conduct in the first degree is a Class A misdemeanor.

 

And

 

525.155 Interference with a funeral.

(1) A person is guilty of interference with a funeral when, at any point in time between

one (1) hour prior to the commencement of an event specified in this subsection and

one (1) hour following its conclusion, he or sheblocks, impedes, inhibits, or in any

other manner obstructs or interferes with access into or from any building or

parking lot of a building in which a funeral, wake, memorial service, or burial is

being conducted, or any burial plot or the parking lot of the cemetery in which a

funeral, wake, memorial service, or burial is being conducted.

(2) Interference with a funeral is a Class B misdemeanor.

 

Did these come about as a result of Phelps et al?

I have to wonder if a jury would convict a grieving family member for assulting these people. I don't think they would in this state.

I don't think so either and I would love to see the Phelps family try to prove me wrong.

People need to take the Phelps' seriously. They call themselves a church, but in reality they are a business. I have personally dealt with them. Prior to a protest they contact area law enforcement and the court system. It is very unlikely anyone will be able to get to them, due to their incistence on protection. They are wanting something to happen. Criminal court means nothing to them. They are trying to get into a situation where they can sue someone. Fred's daughter or daughter-in-law is a lawyer. She is very pleasant prior to the protest. They are professionals.

People like this make me sick. They spew hatred and claim they are doing God's work? Something is very wrong with this.

A soldier from Lee County was killed in action last year, and his funeral was in Owsley County. This group was going to protest, but got lost on the way. When they asked for directions to the funeral home the folks they asked intentionally misdirected them to another section of the county. They never made it to the funeral, and thank goodness. I don't know about other parts of the country, but where I live several of them probably would have never left the county alive.

Did these come about as a result of Phelps et al?

These were both made effective in June of this year, so I'm guessing the answer to your question is yes, they were a result of Phelps et al.

These were both made effective in June of this year, so I'm guessing the answer to your question is yes, they were a result of Phelps et al.

 

I wonder how solid the law would be if it were contested.

A soldier from Lee County was killed in action last year, and his funeral was in Owsley County. This group was going to protest, but got lost on the way. When they asked for directions to the funeral home the folks they asked intentionally misdirected them to another section of the county. They never made it to the funeral, and thank goodness. I don't know about other parts of the country, but where I live several of them probably would have never left the county alive.

 

I'm with the Owsley Co. folks - some people earn the automatic death penalty....

 

As for those who defend their right to "say it". I agree - then the person they say it to should have the right to take them out behind the wood shed and teach them a lesson (that they better watch what they say.)

I wonder how solid the law would be if it were contested.

Kentucky’s law has already been challenged by the ACLU, which insists that the law is so broad that it makes it a crime to whistle while walking within earshot of a funeral or to stop for a conversation on a public sidewalk adjacent to a funeral home or place of worship while a funeral service is in progress.