Ban on picketing funerals
VOLOKH at law.ucla.edu
Tue Jan 3 14:40:03 PST 2006
In November, St. Joseph, Missouri enacted an ordinance (sec.
20-194) that provides:
"It shall be unlawful for any person to engage in picketing or
other protest activities in front of or about any church, cemetery or
funeral establishment within one hour prior to the commencement of any
funeral, and until one hour following the cessation of any funeral.
Each day on which a violation occurs shall constitute a separate
offense. Violation of this section shall be a misdemeanor.
"For the purposes of this section, 'funeral' means the
ceremonies, processions and memorial services held in connection with
the burial or cremation of the dead."
Is the picketing ban constitutional, by analogy to Frisby v.
Schultz? What about the ban on "other protest activities" -- if this
prohibits leafleting that criticizes the dead person, but allows
leafleting that praises him, is that unconstitutionally content-based?
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