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Freedom of speech

2008

SelectedWorks

Articles 1 - 2 of 2

Full-Text Articles in Law

Privacy And Funeral Protests, Christina E. Wells Mar 2008

Privacy And Funeral Protests, Christina E. Wells

Christina E. Wells

This article examines the free speech implications of funeral protest statutes. Enacted in response to protests by the Westboro Baptist Church, such statutes restrict a broad array of expressive activity, including peaceful protests. This article focuses on the states’ interest underlying such statutes – protecting mourners’ right to be free of unwanted intrusions while at funeral services. While few would argue against protecting funeral services from intrusive protests, these statutes go far beyond that notion. A careful examination reveals that the statutes are designed to protect mourners from offensive rather than intrusive protests. As such, they do not conceive of …


Privacy And Funeral Protests, Christina E. Wells Jan 2008

Privacy And Funeral Protests, Christina E. Wells

Christina E. Wells

This article examines the free speech implications of funeral protest statutes. Enacted in response to protests by the Westboro Baptist Church, such statutes restrict a broad array of expressive activity, including peaceful protests. This article focuses on the states’ interest underlying such statutes – protecting mourners’ right to be free of unwanted intrusions while at funeral services. While few would argue against protecting funeral services from intrusive protests, these statutes go far beyond that notion. A careful examination reveals that the statutes are designed to protect mourners from offensive rather than intrusive protests. As such, they do not conceive of …