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The tone of the discussion will likely change when Phelps finally incites the violence he seeks to see on the front page of newspapers next to his name. I think it's amazing, almost unbelievable, that he hasn't been shot at, considering the groups of people he protests and the defenders there to confront him. Phelps' blesssing and his curse is that he hasn't incited violence by his actions yet. Until there is "incitement to imminent lawless action" (from Brandenburg v. Ohio), there will be no restrictions on his behavior.
I agree that there are valid free speech arguments against doing anything at all to abridge his speech. But the court has drawn the line at obscenity, defamation, sedition, and hate speech, and I think the victims of Phelps' harassment deserve the same protection from invasive and provocative speech. I think it's sad that nothing will happen until violence breaks out at a funeral.
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less I say, smarter I am
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