Town of Hebron, IN, to restrict public protest

[Destro]

If you believe that standing in the presence of annoying people is having your "rights infringed", then we cannot move further with the discussion.

if one group is impeding the ability of another to assemble and express their views freely and peacefully then I see that as a problem...can't they have their demonstration an hour later? an hour before?

 

[rambone]

if one group is impeding the ability of another to assemble and express their views freely and peacefully then I see that as a problem...can't they have their demonstration an hour later? an hour before?

Impeding the ability to assemble means getting ticketed or arrested by the government. Like when the government tells people when and where they can assemble.

 

[MikeDVB]

You have NO GOD GIVEN RIGHT to a funeral. That is not something our founding father's placed on the BoR or constitution.

Food for thought: not every right is listed in the Bill of Rights or the Constitution. The constitution simply limits the power of the government, it is not a magical document that grants rights - it only protects a limited number of specific rights from infringement by the government.

Saying that one does not have a right to something simply because it's not listed in the Bill of Rights is naive at best. I'm not, however, making the counter-argument that the right exists but simply pointing out the fallacy of the statement that if it's not listed in the Bill of Rights then it's not a right of the people.

 

[88GT]

The right to free speech is guaranteed the right to a funeral is not.

You have NO GOD GIVEN RIGHT to a funeral. That is not something our founding father's placed on the BoR or constitution.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..

Yeah, it kinda is.

 

[Brian 45]

They should be reminded that the person whos funeral they are protesting, died so they could stand there and protest. God gave us the right to life, liberty, and the persuit of happiness. Sadly he did not give all of us the common sense to respect the sacrifices that others give so we can take advantage of all of those rights.

 

[Destro]

Impeding the ability to assemble means getting ticketed or arrested by the government. Like when the government tells people when and where they can assemble.

so your claiming only the government can infringe on your rights?

 

[jon5212]

Am I missing something here with a lot of posters? Most cemetaries are private property. Most of the "funeral" or last showing is in a building or outside at the grave, which is usually quite a ways inside the cemetary.

My grandpa and grandma are buried in Oaklawn cemetary on allisonville road. The building is at least 1/4 mile in.

The protesters can be simply trespassed from the property. There should be NO restrictions period on free speech.

As another poster said it can be slander, Slander has a VERY broad definition and most likely would go nowhere in court.

I can call you a f*cking dumb*ss all day long and most likely I would just be speaking truth.

We as a society have been so pussified it's not even funny.

Aww you don't like what someone says? Ignore them, tell them to go f*ck off and move on. Don't cry about it.

 

[BigBoxaJunk]

I guess I just don't understand how, in a forum seemingly devoted to complete and uncompromising support of the 2nd amendment, that there are so many who would so easily slice and dice up the 1st.

Being able to decide which person's speech is appropriate in a public place is NO DIFFERENT than being able to decide which person should be able to carry a gun in the same public space.

Freedom is Freedom.

 

[BigBoxaJunk]

If you are a gun owner and you think that it should not be legal to protest at a funeral in a public place, then I don't see you as someone who values the US Constitution.

You're just some person who wants to keep and/or carry a gun and you're just waving around that piece of paper that you think will help you do it.

 

[JeremiahJohnson]

If you are a gun owner and you think that it should not be legal to protest at a funeral in a public place, then I don't see you as someone who values the US Constitution.

You're just some person who wants to keep and/or carry a gun and you're just waving around that piece of paper that you think will help you do it.

I disagree with you. The constitution guarantees me that right. Felons are not allowed to carry - is that an infringment on 2A? I earned my right to have my opinion. I've burried two sons. I've served over seas. I've spent a 28 year career serving the department of defense. I've earned the right and I'll exercise it. I don't believe requiring POS's that want to protest at a funeral - any funeral - to stand off so the family can grieve is being irrational or unpatriotic or anti-constitution. Do you want me to be quiet about my opinion? Do I make you uncomfortable? Good.

 

[88GT]

so your claiming only the government can infringe on your rights?

With laws, yes. People infringe with action. But not every curtailment of rights is an infringement.

 

[rambone]

so your claiming only the government can infringe on your rights?

By definition, most rights are actually restrictions on the government. It is nonsensical to try and claim that private citizens are violating your right to assemble, because of their presence on public property.

One example that might make sense would be private citizens infringing on your property rights. But the 1st Amendment has nothing to do with other private citizens.

Felons are not allowed to carry - is that an infringment on 2A?

Yes.

I earned my right to have my opinion. I've burried two sons. I've served over seas. I've spent a 28 year career serving the department of defense. I've earned the right and I'll exercise it.

Not to take away from your sacrifices, but "rights" are never earned. They are supposed to be inalienable.

 

[BigBoxaJunk]

I would rather live in a world in which people show no disrespect.

I'd not like to live in a country in which disrespect was illegal.

 

[JeremiahJohnson]

Yes.

And that's why I'm glad the same framers set up a democratic republic.

 

[JeremiahJohnson]

I would rather live in a world in which people show no disrespect.

I'd not like to live in a country in which disrespect was illegal.

Disney.

Not illegal - just out of the faces of grieving parents and family. Stand there once and you'll know why. I really don't know how to argue with someone why it should not be allowed for someone to blast air horns and scream profanities in the faces of grieving parents and families at the side of their childs grave. I'm really at a loss for that. I'm just glad to live in a democratic republic and not total anarchy.

 

[rambone]

Some of you might be interested to hear what Judge Andrew Napolitano has to say about funeral protests. He calls it "protected speech," which he says means, "the police can't stop it, the courts cant punish it, and the legislature can't regulate it."

He also goes on to call Free Speech Zones "very dangerous" and makes a great case against suppressing speech on public grounds.

http://www.youtube.com/watch?v=FpNbEbK97-I

 

[rambone]

And that's why I'm glad the same framers set up a democratic republic.

Constitutional republic. Where the minority voices are protected from censorship.

I really don't know how to argue with someone why it should not be allowed for someone to blast air horns

We discussed air horns already right? Did you see any of my replies?

 

[Destro]

It is nonsensical to try and claim that private citizens are violating your right to assemble, because of their presence on public property.

why?

 

[Thegeek]

Peaceful protest is where the problem lies. Screaming hate at the family of someone who is basically innocent of whatever that hate is (like hating gays and protesting a fallen soldier) I would hardly call peaceful.

It's near impossible to draw the line though. Let's say peaceful means present but not interfering. In the case of a funeral, that means standing there with signs because a funeral is usually a quiet and peaceful ceremony. Just like the protest at the State House in support of 2A. You can't impede traffic or entry to the building.

I think a protest is just sending your message without causing harm to another. Our courts acknowledge emotional distress when considering damages. How much emotional harm do you think WBBC is causing the family?

IMHO, let them protest. But that protest can not interfere with the funeral ceremony. If I were at a funeral for a family member and couldn't hear the graveside prayer over their nonsense, wouldn't they be infringing on my right to religious ceremony?

 

[actaeon277]

I disagree with you. The constitution guarantees me that right.

....

Do you want me to be quiet about my opinion? Do I make you uncomfortable? Good.

Isn't that the same arguement made by Westboro?