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Missouri Federal District Court Strikes Down MO Funeral Picketing Law

By Howard M. Friedman

In Phelps-Roper v. Koster, (WD MO, Aug. 16, 2010), a Missouri federal district court ruled that Missouri's statutes barring protests near a funeral are unconstitutional. Missouri enacted two versions of the statute-- the narrower version to take effect if the broader version is declared unconstitutional. The court concluded that both versions violated the free speech rights of members of the Westboro Baptist Church who picket funerals of U.S. soldiers carrying signs opposing homosexuality and other conduct the picketers deem sinful. The court rejected the argument that all the signs carried by Westboro members are unprotected "fighting words." AT least some of the messages are entitled to First Amendment protection. The court concluded that the state law is not narrowly tailored to serve a significant governmental interest. The outcome in this case was signaled by a 2007 decision of the Eight Circuit in the same case holding that plaintiff was entitled to a preliminary injunction because she had demonstrated a fair chance of succeeding on the merits of her claim. (See prior posting.) AP reports on Monday's decision.

Full post as published by Religion Clause on August 18, 2010 (boomark / email).