Booze Zombie said:
There's freedom of speech and there's freedom to bury your dead without having to read signs saying "God hates fags".
Eclectic Dreck said:
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.
Like freedom of speech, freedom of religion means you are free to follow whatever religion you choose without persecution from
the government. It doesn't mean that everyone else must respect your beliefs and privacy. No matter how much of a backwards asshole someone has to be to picket a funeral, if they follow the legal process, demonstrate on public land, and are not likely to cause harm to others, they have every right to be there.
Freedom of speech, and I mean the real right that it represents, not the "I can say anything I want" bullshit most people assume it means, is a very valuable and unique right. It's the right of peaceful assembly. It is a driving force for change. And it's something that a lot of other people in the world wish they had. The ACLU understands that protecting this right is very important, and sometimes means defending the rights of very stupid and ignorant people.
This is one of those times. Once you start letting your rights get eroded it's really hard to get them back. Someone can be morally wrong and legally correct, but that doesn't mean we should start legislating morality.
One thing I'd like to note here is that the Missouri lawmakers must also have known that they were passing a law that was likely to be unconstitutional. If you look at the actual text [http://www.house.missouri.gov/content.aspx?info=/bills061/biltxt/truly/HB1026T.HTM] you'll see that they passed the same law worded in two different ways, with the second version going into effect when the first is "finally declared void or unconstitutional".