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6th Circuit Upholds Ohio Funeral Picketing Ban In Challenge By Church

By Howard M. Friedman

In Phelps-Roper v. Strickland, (6th Cir., Aug. 22, 2008), the U.S. 6th Circuit Court of Appeals upheld the constitutionality of Ohio's Funeral Protest Provision (ORC Sec. 3767.30) which prohibits picketing or other disruptive protest activities within 300 feet of a funeral service during the service and for a one-hour window on either side of it. The lawsuit challenging the provision was brought by a leader of the Topeka, Kansas Westboro Baptist Church whose members have traveled around the country picketing funerals of veterans killed in Iraq and Afghanistan, and other events. Their protest signs generally urge that American soldiers have been killed as God's punishment of the country for tolerating homosexuality. The court held:

Because we find that the Funeral Protest Provision is content-neutral, serves an important governmental interest, is narrowly tailored, and affords ample alternative channels of communication, we hold that it is a reasonable time, place, and manner restriction that does not violate the First Amendment.

CBS News reported on the decision last Friday. [Thanks to Volokh Conspiracy for the lead.]

Full post as published by Religion Clause on August 26, 2008 (boomark / email).