Ban on picketing funerals

[Malla Pollack]

I would hazard that this is ok IF state court gives clear construction of
"in and about"; otherwise might have vagueness concerns.  

Malla Pollack
Professor, American Justice School of Law
Visiting Univ. of Idaho, College of Law
mpollack at uidaho.edu
208-885-2017
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Tuesday, January 03, 2006 3:09 PM
To: conlawprof at lists.ucla.edu
Subject: RE: Ban on picketing funerals

	Here's an AP story on this:

http://www.stltoday.com/stltoday/news/stories.nsf/0/4C2314E1CFB6CA8B8625
70E100747B81?OpenDocumentstltoday
	
ST. JOSEPH, Mo. (AP) -- Members of an anti-gay group who have started
protesting military funerals are calling an ordinance barring such
protests a possible breach of their First Amendment free speech rights.

The St. Joseph City Council passed the ordinance Monday in response to
members of Westboro Baptist Church, of Topeka, Kan., waving antimilitary
signs at the August funeral service of Spc. Edward Myers.

The ordinance bars protests "in front of or about any church, cemetery
or funeral establishment" within one hour of the funeral service.

The church's leader, the Rev. Fred Phelps, contends U.S. soldiers are
being killed in Iraq as vengeance from God for protecting a country that
harbors gays. The church is not affiliated with a larger denomination
and is made up mostly of Phelps' family members. . . .

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