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New legislation passed by Congress and sent to President Barack Obama will do much to help vets and their families. Under the Honoring America’s Veterans and Caring for Camp Lejeune Families Act, the rights of surviving spouses will be greatly extended, larger VA loans will be permitted in high-cost areas and the VA will continue to have the right to offer adjustable-rate mortgages (ARMs). These are right and decent measures supported by politicians of every flavor — the House version of the bill passed by a vote of 380 to 0. But within the proposed legislation is some language which is certain to set off a new debate: permitting funeral protests.
Under the Honoring America’s Veterans Act, Congress has again taken up a First Amendment issue: the ability of protestors to appear at veteran funerals.
Stolen Valor Act
It was obvious that Congress looked at the recent Stolen Valor decision when writing the new legislation.
The Stolen Valor Act — a law that would prohibit individuals from claiming military service they did not have — was rejected by a 6-3 vote earlier this summer by the Supreme Court on the grounds that the law was too broad and violated the First Amendment.
Under the Stolen Valor Act, there was no doubt that the defendant, Xavier Alvarez, lied about his military service and did not win the Congressional Medal of Honor. But before the Supreme Court the issue was different:
Under the Honoring America’s Veterans Act, Congress has again taken up a First Amendment issue: the ability of protestors to appear at veteran funerals. Such protests have provoked strong public outrage with the result that there have been notable counter-protests as well as a major Supreme Court case.
In the 2010 Snyder decision, the Supreme Court explained that “for the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military.”
Such protests, declared the Court, were lawful and protected by the First Amendment.
Protecting Military Families
Under the proposed Honoring America’s Veterans legislation, Congress does not broadly or generally prohibit demonstrations at military funerals. Instead, it places limits on the time and place of such protests. In effect, the rules would be similar to the standards required to get a permit in a public park.
For example, protests are prohibited two hours before and two hours after a military funeral is set to begin. Also, protestors must remain at least 300 feet away from grieving families.
There’s little doubt that the anti-protest provisions in the Honoring America’s Veterans legislation will be challenged in court once the law is passed. It’s then probable that the legislation will ultimately come before the Supreme Court. However, unlike the broad and sweeping language of the Stolen Valor Act, the new legislation is finely tuned and contains very clear specifics and limitations. It seeks a balance between the right to protest and the dignity, respect and privacy owed to military families.
Unlike the Stolen Valor case, the new law should pass Supreme Court scrutiny because rights under the First Amendment are not unlimited — famously, no one is allowed to should “fire” in a crowded theater, we prohibit libel and slander and we have copyright laws to protect unique and original expressions.
Next, the Congress should go back and fix the Stolen Valor Act. No one should be able to claim military service or honors that were not earned when applying to a college, seeking a job or applying for government benefits.
Photo courtesy bterrycompton
46 Comments
I think congress has done enough for veterans funerals….No 21 gun salute, no taps and no military to give the bereaved the flag from the coffin….Let the protestors protest…..They have nothing to gain or lose and it is their right to do so if they wish….Where was the coverage when other vets funerals were protested and why was this last one so important????
So whats your stand here? Is it going to be okay when one of your family memebers dies and a group of protesters shows up because they didn’t like what that person stood for in life? All this going on while you are just trying to come to terms with their death? Can’t imagine that you or anyone would like to deal with that. I’m a vet and so are many of my family members – some died serving our country. But you know the one thing you are right about is that you and everyone else has a right to voice their opinions …………. wonder how that came about in the first place…….couldn’t have been because of people that were willing to fight and die because they were doing what their country was asking of them……..
my husband is/was a vietnam vet…His own family protested his funeral…They all agreed that he should be buried in the local cemetery and he wanted to be in a National Cemetery and that is where he is buried…Funny, his family wont talk to me now cause they dont want to drive 45 min away to visit his grave…I go weekly and leave his favorite flower (pink carnation) so dont tell me I did not deal with protestors of any sort..You were not there and you do not know,,,He is gone 15 months now and they still wont talk to me…He even has a brother that lives just 10 mins from the cemetery and he wont go, and wont talk to me and no one was there to defend my hubbys wishes but me…He died from ptsd and agent orange and it just ticks me that people have to put their 2 cents where it doesnt belong, but they have that right and I will not stop them…it is their civil right to protest anything they want…so , let them protest and go on about your own business…that is what I do
You know what? Your situation is 100% different than the ones we are talking about. Your in-laws are mad about where your husband was laid to rest. These ignorante hate-filled non-Christians are screaming that our soldiers lives are worthless and that they’re thankful for the deaths of our men and women in uniform. You’re comparing apples to oranges, and I’m insulted.
good , I am glad you are insulted…..it is not apples to oranges
It IS comparing apples to oranges, but you are so full of anger at your inlaws (and maybe even your husband for dying and him and the country for him dying of “PTSD and agent orange”) that you cannot open your eyes and see the difference between boycotting a funeral of a family member and physically protesting a funeral of someone you don’t even know. Please seek professional help for your grief and anger and I hope your inlaws do as well.
And it is insulting and treasonous to protest at a military funeral.
actually it’s the Christian extremists that are doing the protesting
As a conservative/evangelical Christian AND a military brat (my father was USAF for over 23 years) I question their Christian experience, period.
drop the plz…YOU ARE AN IDIOT! ESAD!
The thing I’m surprised at is none of the protesters have gotten killed. The grief and pain one goes through is sometimes unbearable.and then to have to see and listen to those protesters would send me over the edge! ! It wouldn’t matter if I got arrested. HOW DARE YOU come and do that! ! I would absolutely kill you!! No matter the consequences
So you’re saying that it’s acceptable for the children of a deceased soldier to watch hateful, hurtful people attack their last meeting with their father as they lay him to rest because he died for their right to call him evil and tell his family he is going to hell? Nice. I’m so thankful my husband fights for your right to be ignorant and hateful.
Very well stated. I hope your husband comes home to you safely.
Ain’t that somethin’? The American Military Man and Woman fight for the rights of these pathetic imbecile, poor excuses for Christian people. If they were truly Christian, then yes, I would despite all Christians. However, they are not Christian. They are haters, period. Constitutional right or not; anyone who violates the peaceful military funeral of a fallen hero, deserves a load of buckshot up their hateful asses. I’m goin’ to fill up my ammo bucket
plz just go ESAD!
I also believe that the Men and women who have served this great nation, should be laid to rest with the Dignity and Respect that they have earned annd deserved., without protest.
Thank you.
The person that sign up for Military service gives up many rights voluntarily. They lose a degree od free speech, they can not protest orders without consequences, they put their lives in danger, are required to live up to standards that most citizens are not held too. They do all of this for low pay and out of their deep respect for the constitution of the United States. The oath they take is actually to the defense of the Constitution and not to a President or a Political group of any sort. They suffer and their families suffer. The very few benefits they have are laughable compared to the service they give to this Country. Yes they deserve Honor and Respect, as do their families. These protests should absolutely be limited.
I am a veteran and the benefits are not only laughable but they have you bogged down in endless red tape to obtain access to any of those benefits. Also, while serving, we are not only subject to the laws of the Constitution, the United States, and whatever particular state (or country) we are subject to the Uniform Code of Military Justice (the UCMJ). Under the UCMJ we LOSE a lot of the rights that the citizens we are sworn to protect have under the Constitution. Divorce rates are high an keeping custody of a child or children is extremely difficult. But we still choose to serve and possibly die for the love we have of our Country and Her citizens, however flawed they may be, and we are PROUD to do so. These protests should not be limited, they should be banned and made illegal.
A Proud USAF Vet
Its about time Congress did something Our Troops deserve the Respect. And their family deserve the all Dignity and Respect from our Nation.
I just wonder how long it will take the ACLU to have it in court. Hell they got the Stolen Valor Law overturned.
In my opinion, the ACLU is the largest “hate group” in America.
I share your opinion.
local noise and conduct ordinances should apply also. blocking vehicle or pedestrian traffic should be cited. anyone not appearing for court should be issued arrest warrants for contempt of court.
IF SOMEONE HAS DIED AND THEY WERE MILITARY THEN THIER FUNERAL SERVICE SHOW NOT BE A PROTEST SITE. THEY DIED FOR EVERYONES FREEDOM AND RIGHT TO FREE SPEACH AND TO LIVE THE AMERICAN DREAM OF FREEDOM. THOSE WHO PROTEST SHOULD BE SUBJUCTS OF IN PRISONMENT FOR DISRESPECTING THE DEACESED. HAVE SOME MORALS PEOPLE LEAVE THE DEAD ALONE AND JUST GO HUG A TREE OR A SPOOTED BARN OWL… GROW UP IN OTHER WORDS….GET A LIFE . IF YOU PROTEST A FUNERAL YOU OBVISIOUSLY HAVE NO LIFE………………..
Exactly. They should be imprisoned and fined for desecrating a military funeral just as a crime against the United States.
I agree that the men and women who served this great nation should be laid to rest with the dignity and respect that they have earned and deserve, without protest. If this is an issue with some may I suggest they relocate to another country that meets their needs!
AMEN!
For those of you who forgot…We never had a say in how we arrived into this world, We couldn’t choose our parents, or a particular lifestyle, and I’m pretty darn well sure we would all choose the Buffets and Gates families as our own, so we could live in the lap of luxury, Unfortunately that hasn’t happened to the largest percentile of the world, is it too much to ask that,( if we can’t), would it be too much to ask, that our Families get to decide how we Leave this world? If it can be a quiet private ceremony to Honor their loss, please let it be. There are many opportunities to Protest and get the same result without destroying the one decent thing left to do before we leave this planet. Grief is a very hard thing to do, and we all have to experience it at one time or other in our lives, whether it be someone we know, or perhaps just a funeral procession heading down the street, it does touch our sensitive side. Go and take your protests to the courthouses where they will be decided upon. Let our Military die with dignity, and the respect they have all deserved, they died protecting your right to protest, just protest where protests get the most attention, and that’s the courts, and the U.S. Supreme Court for the most part…
There are some instances where pre-emptive legal action or legislation is proper and desireable. You can’t yell “Fire” in a crowded theater because the instant chaos would be detrimental to public safety and the common peace. Similarly, this particular issue garners intense (not just “strong”) emotional response. While the protestors have a right to express themselves, it must be within a respectful and peaceful context, otherwise there will be problems with public safety and order or peace in the community. There must be a certain amount of proper and respectful retraint on the part of the protestors to benefit the common good. Consequently, the community, through its local legislation, has a right and responsibility to control such events. They can determine where and how such events take place with allowance for free speech…. but you can’t yell “Fire” in a crowded theater…. So, then, Police have a duty to control volume of protest, levels of expression, and contact between protestors and those who would be insulted by the protest.There can, and should be local ordinances to address the specific type of events along the lines of controlling traffic, crowd behavior, etc at a rock concert, let’s say. It is possible, and necessary, because the alternative would be chaos and a dangerous situation for all concerned.
I would move the 300ft to 1 mile and 30min after the funeral ended.
The article reads 2 Hours before And 2 hours AFTER the funeral. I agree with the one mile limit…..
Protesting a military members funeral who died should be treated as treason……PERIOD
Agreed!
This sounds well thought out, providing protection for fallen service members as they are laid to rest, their families and loved ones, and allowing the public to protest whatever bug is up there butt, as it should be because we live in what is supposed to be a free country.
if one of my army friends died and any of these dip shits protested his or her funeral i would beat them half to death so they better never show up because that is what i will do
Why would anyone protest the funeral of a fallen soldier?? They gave the ultimate sacrifice of themselves for the freedom of this great country of ours. They fought for our freedom not for people to disrespect them. This makes me so upset that I am not being able to even write correctly. Thank you to all the soldiers past and present who are fighting for my freedom. God Bless You All♥
An American’s Soldiers Prayer” by Tommy May Jones ‘60
I will follow behind You, My Lord and My Shepherd on My Pathway of Life
as an American Soldier, who will protect Your Flock.
If I drift off into a ravine of Evil and Hate, then please grant me the
Faith to only reach up and touch Your Cloak in order to be saved.
It is about time someone stood up for our Brothers and Sister who gave ther lives for our Freedom! Who the hell do all these protesting assholes think? What a waste of time and energy! They all should be prosecuted for treasone! As a Member or Service if you were to protest going to war you would be Court Marshalled! It should go both ways! It is time all these anti this and that get what is coming to them!
take this for insteads
For example, protests are prohibited two hours before and two hours after a military funeral is set to begin. Also, protestors must remain at least 300 feet away from grieving families…why not make it a crime to protest a miltary furneral..it would be out of respect for those who gave it all and then some…
im sorry that there are people who protest my brothers and sister who paid the price for freedom .. you will be missed….RIP
my question to everyone is this ..Why isnt some protesting this groups church or when they have a get together .. see how they like it
I think it’s the ultimate sign of disrepect that ANYONE should protest at a soldiers funeral….this person laid down their life so we could be able to speak what we beleive is the truth,,,,respect this person enough to let his family and friends say their last good -byes in peace…
I don’t like Westboro Baptist or their messages, but I defend their Constitutional rights, and served in our military to do so, until my death.
Taking away anyone’s 1st Amendment rights is wrong, no matter who is doing it or for what reason.
In a private cemetary, they can legally be barred from the grounds by the cemetary owners, I don’t know if that would work in a National cemetary, since it is government (We, the People) property.
I think the most effective method to combat these “people” is to have peaceful counter-protests set up in a way to prevent WBC from getting anywhere near the funeral. That is already being done by others around our nation, and I feel it is far more effective, and more American, than trying to legislate away their free-speech rights.
Fine, so how about if I allow you to spit on my grave and my loved ones while my buddy takes your sorry ass out!
Westboro Baptist should be what is eliminated.
ANY VETERAN SERVICE PROTESTER SHOULD NOT SEE ANOTHER SUNUP!!!
AIRBORNE ALL THE WAY—AND THEN SOME
CSM BILLY V. DAVIS—71 ABN BRIGADE
Protesting a military members funeral should be treason and the protestor should be deported in best case and shot in the worst case.
i’m a vetran of 35 years service to both canada and the u.s.a. i’m also a member of a colour party and we feel it’s right to display our colours at vetrans funneral and also to stand guard at the home where funeral will take place we honour all vetrans for their service Donald Lemmond donald.lemmond@yahoo.ca
What kind of a loser protests at a Funeral? My son is in the Military and if he died and protesters showed up they would be joining him. Radical Assholes are all that they are.