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Originally Posted by mrklixx
...I'm thinking if he yelled out derogatory comments at an inner city funeral, he and his followers would find themselves the victims of a drive-by. And if somebody did off him, do you think that would actually recruit more loonies by giving him martyr status?
Here's what I wonder, isn't the point of a protest that you want to have something changed? Again, from what little I know of his "protests" just say the deceased is in hell, and all of the people at the funeral are "fag lovers" and are going to hell. To me, that seems like nothing more than disturbing the peace, and public nuisance, both of which are against the law in most places.
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Most of the laws or ordinances that have been aimed at him are from the midwest, likely because his "church" is based in Kansas. The majority of protests are in states his church members can get to.
Phelps is primarily protected because he is expressing religious belief. All the other arguments posted here can't top that constitutional protection. I don't like it either, but that's his shield, and he uses it very well.
I said earlier in the thread that I'm surprised violence hasn't broken out at these protests. There are dedicated counter-protesters such as Patriot Defenders that are determined to keep the peace, but I imagine that some angry family member is going to go postal some day when they are angry and emotional, and are looking to vent that anger.
Religious expression is explicitly protected speech. Our courts are becoming more likely to protect religious expression as each year goes by where Republicans are in power in the executive and legislative branches. As long as the protests are "orderly", the protests are explicitly protected by the first amendment, and there isn't any recourse to that, unless the protests are determined to "incite unlawful conduct", which generally hasn't happened.