Not sure how the restraining order bit is relavent (unless you're threatening meEclectic Dreck said:Not in the case in question. If I were to file a restraining order against you that required you to keep a 300 foot distance at all times, it doesn't matter if you're on public land at the time or not. The only time this right is superseded is if I pass within 300 feet of your personal property (such as your home), or the restraining order is overturned.
And, as I've pointed out before the question is not if they are following the correct civil procedure for a demonstration. The question is if their rights to religious expression and speech are being infringed upon. The question you ought to ask here is then a question of the greater good. Someone is going to have their rights infringed upon, be it the funeral goers (who are under no legal obligation to endure harassment and slander) or the fanatics who believe that god has chosen them to deliver his message through their escapades. As far as I'm concerned, they can hold their demonstrations all they want so long as it doesn't interfere with the funeral proceedings in any way shape or fashion.
Remember - your freedom is only protected when your actions are not impeding upon the freedoms of others. This principle has been upheld on multiple occasions in the Supreme Court.
The funerals goers don't suffer slander, it's an anti-gay protest. They only choose that particular funeral for maximum publicity.
I think we've been talking on slightly different wavelengths until now because I haven't mentioned greater good or whether it's morally acceptable yet. So here I go. This is one that is going to vary vastly due to the eyes of the beholder. Any protest outside a funeral for a young man who died violently for his country far from home is going to have an impact just from being seen. And they will be seen because, as I said, they're just trying to headline grab. Therefore the question can be phrased like this as well: Is their freedom of speech worth the trauma to the victims at having the so recently deceased disrespected by a protest which has only the most tenuous of links? And yes that is a loaded question.