Appeals Court Strikes Down Funeral Protest Ban

ST. LOUIS (AP) –  A Missouri town cannot enforce an ordinance banning peaceful picketing outside of funerals, a federal appeals court ruled Wednesday.

The 8th U.S. Circuit Court of Appeals upheld a district court ruling in favor of members of Westboro Baptist Church of Topeka, Kan., saying peaceful protests near funerals are protected by the First Amendment’s right to free speech.

The city of Manchester, Mo., a St. Louis suburb, adopted an ordinance in 2007 in response to activities by Westboro members, who frequently protest at funerals of soldiers with signs containing messages like “Thank God for dead soldiers” and “Thank God for 9/11.”

Church members claim the deaths are God’s punishment for American immorality and tolerance of homosexuality and abortion.

“These broad laws that prevent standing with a sign silently on a sidewalk do not further any government interest that would justify setting aside the First Amendment,” said Tony Rothert, an attorney for the American Civil Liberties Union, which represented Westboro members Shirley and Megan Phelps-Roper.

It wasn’t clear if Manchester would appeal.



Copyright 2011 by The Associated Press

  • Cam Brunner

    Westboro Baptist Church spreads its hate through picketing in our streets, provoking attacks, with abusive language and flag desecration, attempting to create a confrontation. This is not a church, this is a hate group. This is not about protesting, freedom, or God. They are in it for the money and the press; this is a family law firm. They are not a “church.” It is a scam. They go after anything that can get them in the news. This is a family of lawyers using this “god hates you” thing to make money. It is time for this scam to end.

  • Ruling: Manchester Can Restrict Funeral Protests « CBS St. Louis

    […] Court of Appeals ruling reverses a previous ruling by a three-judge panel of the court. The panel ruling last year prohibited the St. Louis County town of Manchester, Mo., from enforcing the law it drafted in […]

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