Kentucky Funeral Protest Law Held Unconstitutional

[Friedman, Howard M.]

In a decision last week that has gone largely unnoticed, a Kentucky
federal court issued a temporary injunction against Kentucky's law
banning protests within 300 feet of a funeral or memorial service. Like
similar laws in other states, as well as one enacted by Congress, this
is aimed at members of the Westboro Baptist Church who picket veterans'
funerals claiming their deaths are a result of the US tolerating
homosexuality. The court found Kentucky's law to be overly broad in
restricting speech. It could impact persons outside the view of the
funeral and who are speaking on unrelated issues. The federal, and some
of the other state, laws are narrower and so may not be subject to the
same objections. More about the Kentucky case on my blog (with a link to
the full decision) at
http://religionclause.blogspot.com/2006/10/kentucky-prohibition-on-funer
al.html

*************************************
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.friedman at utoledo.edu 
************************************* 

 

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