Phelps said in his rebuttal to this case that he had the right to stage protests at any public gathering. What I'm wondering is when did a private funeral become a public event? Most funerals are done for the family and friends, except in the case of public figures, in which case there are generally 2 funerals - a private one for the family and friends and a larger public one.
Phelps, much as it galls me to say this, does have the right to stage his protests at public events. I will defend his right to do so no matter how much I detest his views and actions.
I don't see where he has the right to stage them at private events.
When I reserve a public park for private events, like a family reunion, then I and my family's right to assemble in the park and conduct our reunion supersedes the rights of casual visitors to the park and to people wishing to disrupt our reunion through staged protests, shouting, and the waving of offensive signs. That's not suppressing freedom of speech, it's giving the right of assembly and speech to the people who lawfully reserved the place and time for their event first.
Phelps can't stage a protest until after he knows when and where the funeral will be held - which means the people who organized the funeral have the superior claim.
This is supposing that all funerals are public events.
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Date: 2007-11-01 11:07 pm (UTC)Phelps, much as it galls me to say this, does have the right to stage his protests at public events. I will defend his right to do so no matter how much I detest his views and actions.
I don't see where he has the right to stage them at private events.
When I reserve a public park for private events, like a family reunion, then I and my family's right to assemble in the park and conduct our reunion supersedes the rights of casual visitors to the park and to people wishing to disrupt our reunion through staged protests, shouting, and the waving of offensive signs. That's not suppressing freedom of speech, it's giving the right of assembly and speech to the people who lawfully reserved the place and time for their event first.
Phelps can't stage a protest until after he knows when and where the funeral will be held - which means the people who organized the funeral have the superior claim.
This is supposing that all funerals are public events.