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Originally Posted by ngdawg
What they are not allowed to do is be disruptive, abusive and try to provoke the grieving, which is what they were doing and why they were sued.
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If they're disruptive, they can be prosecuted for disturbing the peace. Being verbally abusive and provoking people, while extremely asshole-ish, is defined by someone else's (e.g. the mourners, the jury) emotional response. Making that illegal is making people responsible for the emotional state of others. You're essentially saying "you can be mean, but don't be really, really mean or you'll have to pay more money than you have".
Where does this lead? Will you be able to sue an ex who breaks up with you in a cruel manner? What about someone who tells you your religion is stupid rather than just saying "I think you're wrong"? Is it ok only to offend/insult those with a thick skin? This precedent is all about punishing people for someone else's feelings.