Funeral Picketing Ban Upheld by Sixth Circuit:
Today’s Phelps-Roper v. Strickland upholds a ban on "’picketing’ or ‘other protest activities,’ within 300 feet of the funeral or burial service, from one hour before until one hour after the funeral or burial service." ("Other protest activities" is defined as "any action that is disruptive or undertaken to disrupt or disturb a funeral or burial service or a funeral procession.")
The court concludes that the ban is content-neutral, serves the important government interest in "protect[ing] the citizens of Ohio from disruption during the events associated with a funeral or burial service," including disruption in the sense of "unwanted communication that implicates … privacy interests" of a "captive audience." And:
Individuals mourning the loss of a loved one share a privacy right similar to individuals in their homes or individuals entering a medical facility. Indeed, the Supreme Court has already recognized the privacy right of individuals to control the body and death images of deceased family members sufficient to prevent their disclosure under the Freedom of Information Act. See Nat’l Archives & Records Admin. v. Favish, 541 U.S. 157 (2004). In Favish, the Supreme Court held that an individual’s request for death scene photographs of a public official were protected from disclosure under Exemption 7(C) of the Act “when the family [of the decedent] objects to the release of photographs showing the condition of the body at the scene of death.” Id. at 160. The Court based its holding on cultural traditions and common law protections….
Phelps and his gang of zombies can rot in Hell…