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Thursday, March 23, 2006 

Volokh on Funeral Picketing

Prof. Eugene Volokh, normally of the aptly named Volokh Conspiracy, has an informative article on National Review Online about the constitutionality of funeral protest bans. In case you missed the news, Fred Phelps and members of his church have been protesting at the funerals of gays and soldiers. The signs include "God Hates Fags", "Thank God for 9/11", and "Thank God for Dead Soldiers". Charming.

Prof. Volokh examines the limitations on legislatures to ban such speech. He states...
...the government (a) can ban loud picketing outside funerals, and (b) can probably ban all picketing immediately outside the funeral, but (c) must allow picketing or marching relatively near to funerals.
He then goes on to briefly examine six Supreme Court cases concerning the First Amendment and how they apply to this situation.

The article is a quick yet informative read. Give it a look.

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