Wednesday, March 02, 2011

The US Supreme Court & the Westboro Case

The following quotation is from a comment which I wrote on the NYTimes website about the Westboro Case.  I would elaborate a bit more here.

“Cases like these compel the public need for an Amendment to the United States [Constitution] for a ban of hateful speech. This would include [a] communications ban akin to Germany's constitutional ban on hatred, racism etc. Those communications are when marshaled for hate and injury by that incitement, […]not protected speech.

Further, until that is done, the United States Commander-in-Chief can [and should] order a policing of military funerals with a reasonable restriction, as on and at Arlington Cemetery, by cordoning them within an accorded temporary military jurisdiction. “ (copyright http://www.nytimes.com)

 

Privacy, not well nor materially plead is also an issue here.  A private right , even in public circumstances, to grieve and bury one’s dead; even when one’s government joins the funeral.  That same Privacy was sought to protect the names and identities of  medical patients exposed to the hate-filled  taunting and privacy invaders at medical clinics.  (Particularly those seeking counseling or protection for birth control and abortion counseling.)  In my balance to that issue, there is no picketing permitted where the clinic does not have  a private entrance or exit to sustain medical privacy.

 

Funerals, the most intimate time of many person’s lives with their passing  family member deserve a kindred protection.

 

A full and firmer legal balance, articulated by the State and Federal Government can state the tone and distance and taste [decorum] of comment.  That government can protect the dead, their grieving friends and families as it protects the living from assault.

One believes the Court might have left the door open to grave assaulting “robbing” for the purpose of inserting a comment in the casket.

That cordon would float and apply at discretion of the family or the military when participating (police  & public safety functions too) per event.

1 Comments:

Anonymous Scott M. Connolly the blogger said...

Did you know that despite the 1st, and 21st Amendments to the US Constitution, military & naval installation commanders can ban topless bars within a certain distance perimeter from the base or post, for military purpose including morale?

8:09 PM  

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