Wednesday, April 15, 2009

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The article we responded to circulated around freedom of speech and the ACLU’s aversion to anti-protest laws at funerals. A couple was arrested during a funeral procession because of anti President Bush stickers they posted in the window of their vehicle.
The law in Michigan reads that “…disruption, disturbance, or adversely affecting a funeral…” is a felony. During the arrest, it was up to the police officers discretion to decide that handmade bumper stickers fell under this law, even though no one at the funeral—or family members of the deceased—had complained.
The couple were pulled out of the funeral procession and arrested. Which, they say, caused embarrassment. The arrested has filed a suit against the state of Michigan for the arrest. Charges were eventually dropped after the family of the deceased asked prosecutors to relinquish them.
As it stands now, 37 states in the U.S. have anti-protest laws governing funerals. Many believe that these laws were pioneered because of the increased protesting from the Westboro Baptist Church, an organization well known for protesting funerals of fallen Iraq veterans. The church says that they protest because it is God’s wrath upon us for our acceptance of gays in the U.S.
Should the police have free will to enforce anti-protest laws? If so, how should they be monitored or enforced? Do the anti-protest laws infringe on our freedom of speech?