Quote:
Originally Posted by Sgoilear
That's exactly what this law would be, a restraining order already in force that wouldn't need to be renewed for each funeral. I do not think requriing protestors to keep a reasonable distance away from anything that they are protesting is violating their rights. They are clearly there even if 100 feet away. Don't forget that the family and friends of the deceased are also protected by that same document giving the protestors the right to be there.
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Unfortunately, it would be hard to get a restraining order because you might get your feelings hurt, which is basically what you're talking about. Usually you need to demonstrate potential bodily harm which is something that Phelps et al would never threaten. It would be hard to find a judge willing to grant a restraining order (under the current laws) to get someone to curtail something like this, no matter how oderous it may be. I also can't imagine SCOTUS upholding any law that kept protesters at any distance that would effectively mute them.