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Bill Filed To Prevent Protests Near Military, Other Funerals
October 24, 2011
A bill has been filed in the Florida Senate to make it illegal to protest and disturb military funerals in the Sunshine State. Senator Lizbeth Benacquisto, R-Ft. Myers, filed legislation which would make it a misdemeanor to picket or engage in other protest activities within 500 feet of a funeral, burial or memorial service of a veteran, emergency response worker, elected official or minor.
Benacquisto said she was proud to sponsor an important piece of legislation that recognizes the meaningful balance that must be reached between the First Amendment and a family’s right to grieve in private for their loved one.
“Funerals are emotional times for families and friends to come together and mourn the passing of loved ones,” said Senator Benacquisto. “All too often, they are used for political purposes that distort the courage of the servicemen and women who protect this country. We need to respect this time and allow families to grieve.”
The bill was also filed in the House by Representative Pat Rooney, R-Palm Beach Gardens. House Bill 31 is a response to a U.S. Supreme Court ruling that stated anti-gay protestors in Maryland exercised their right to free speech at the 2006 funeral of Marine Cpl. Matthew Snyder who was killed in Iraq. According to the judge, protestors were not in violation of the state’s 100-foot buffer zone for military funerals. While Florida law currently makes it a misdemeanor to disturb military funerals, Benacquisto’s newly filed bill proposes the buffer zone.
“I can’t think of a more important piece of legislation,” Benacquisto added. “This bill will allow military heroes to receive the honor and reverence they deserve. I am hopeful that my colleagues in the Legislature will recognize what an important initiative this is to the families of those who gave the ultimate sacrifice for our country.”
Comments
22 Responses to “Bill Filed To Prevent Protests Near Military, Other Funerals”
I am currently deployed to Iraq, When I came home for R&R I attended LCPL Nelson’s funeral. I didn’t know him. I attended because it is a time for a family to grieve in peace. Your Freedom of speech shouldn’t be taken away, but there is a time and place for everything. Demonstrating at a funeral is neither one of those. Yes, I’m sworn to uphold and defend your rights. I agree with this proposed bill though. I agree with others who say all funerals. Yes demonstrate, but demonstrate somewhere that your not going to cause a problem. People like Westboro take advantage of the state of mind you find at a funeral. This bill limits the possibility that they can do so. Our laws are put in place to protect. Protecting us from others or vice versa. This bill is just protecting somone from being taken advantage of in a time were all they need is to grieve and morn those lost.
I’m all about freedom of speech, but when it comes to a Military Member who put THEIR LIFE on the line for YOU to have this right, there needs/must be RESPECT….NO OPTIONS!! If you don’t like the military or have some religious belief, you need to keep that in your own home! I’m tired of these sorry people who want all these rights, but won’t fight the enemy for them, but sit on their couch & call the ACLU, SCIU or whatever their called………..
JANE– Sorry, the bill has only been filed not passed.
Have no problem with people expressing their first amendment rights:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.”
As long as I can express my second amendment rights at the same time and place.
“The right of the people to keep and bear Arms.”
I think it is only fair.
I feel very sad that in this day when our country is threatened by so many outside our country that we would have to pass a bill to keep those inside our country from harrassing family members of fallen military who protect our country during a funeral. I am glad the bill passed. As my father used to say “your right to protest stops where my nose starts”.
The only sound I wish to hear from the mouth of these inconsiderate morons, is a gasping bubbling gurgle.
I do think it’s extremely sad that when we have a fallen military person(s) that these people can’t just give them their space to grieve and have a moment of comfort with the family. These great people that defend our country deserves to be put to rest in PEACE. I sincerely hope that this bill is passed and will be enforced in any up coming funerals, but I pray there won’t be any time soon. Especially if OBAMA does as he said he is going to do and that is pull the troops out and send them home before the holidays. If anything we should be giving our military praise and welcoming them all for the duty they have served for our country. If you don’t like being here then I suggest that you go back to where you came from or better yet go make your own country or island some where else. GOD BLESS OUR MILITARY & THEIR FAMILIES FOR OUR FREEDOM!
From what I understand, this is not a church family, it is a lawyer family, operating under the tax-free shelter of a church. There is no way a small “church” like this could be so wide spread, and be a christian church, so vehemently hateful. They are merely fishing, waiting for that deep pocket to make a tragic mistake, so they can take up some more offering, and continue their “crusade.”
Sorry to say—but the courts have said these people “have the right” to do this. There was a test case that went all the way up the system, but was not a strong case. The family in that case had seen a news report after the fact so the high court over turned a lower court ruling and the family was going to have to pay the legal fee’s for this bunch. The fees were pay by another person. I don’t think the courts have ruled on local governments setting the distant they have to be away. It is truly sad that they do this, to bad a piece of space junk can’t hit them and wipe them all out.
NotAgain,
We’re not talking about not allowing freedom of speech. It is about respect for our country. A buffer zone is a very good idea, it is the least the government can do. I equate this protesting public display near/at funerals to burning the flag.
We are supposed to be free Americans or this man died for nothing. Joe Wright is spot-on. None of us in our right minds would approve of protesting at a funeral. It is a private time for family & friends to grieve. Anyone showing up to cause more grief should be shunned for life. But a law is losing another freedom and this law protects no one and destroys another right to free speech.
This is over stepping the bounds and unfortunately, as a lot of us would like to stop the asinine protesting at funerals (as immoral as it is) this has the ability to go too far. One other thing to remember is Mr. Phelps and his kind are not protesting to bring a message, religious or otherwise, but to cause a ruckus and in the end have someone assault him, or one of his family members, so they can sue. They have made is part of the plan to sue every chance they get, and when festivals, funerals, etc. plan to deal with them, not with counter protests, but more in the line of neutralizing their presence, they quickly pack it up and leave.
I would bet that any cemetary with a tree line and clear backgrounds, not to mention Southerners present, is a cemetary these jokers will avoid!
Protesting funerals is wrong in many ways and I’m against it but it should be illegal in all cases not just the ones listed, elected officials?? I think I’ll just celebrate when these happen with the Crooks we have in politics.. I was a rider in the Travis Nelson escort from P’cola to Atmore then I rode in the funeral and it was an Honor to be part of that event..
I am also a veteran and I also disagree, yet for a different reason. This should be upheld for ANY funeral, not just military funerals. They are not being denied their freedom of speech, merely the proximity that could cause violence. This already happens all the time. “You can protest, just not right here on this property, or at this time, or without a permit.” A line has to be drawn when someone’s rights impose on the rights of others. A funeral is a form of free speech, as well. Are these people allowed to protest in Arlington?
@ NotAgain and Joe Wright
I agree with your thought that we do not need to let our rights be eroded away. However, this bill does not take away the right to free speech to those heartless persons who would protest at funerals. It only limits where they can do it.
To protect the rights of others, many of our rights have limits as to the locations where we can exercise those rights. If you drink alcoholic beverages, there are places where you cannot drink. If you smoke, there are places where you cannot smoke. If you own a gun, there are places where you cannot carry your gun. I am sure there are others.
I think this Bill may help reach a balance as to the rights of both those who would protest and those who need to grieve in peace.
I’m a veteran also sir. I attended LCpl Travis Nelson’s funeral. I strongly disagree to allow these so call christains? to say anything protesting a millitary funeral. Will they be there if its 10 degrees. I doubt it. We never heard of any protesting or burning or looting in Detroit or Chicago when it was cold. These outlaws are in the same rut. They won’t show up if it 10 degrees, place a bet on it. I’ll defend our rights also. A buffer zone? What a joke.
Simple solution. Instill an ammendment to our constitution. NO PROTEST OF ANY SORTS, ON A MILLITARY FUNERAL DAY. If they want “CHANGE” then get out and VOTE for it.
Mickey Powell
Flomaton
Joe I stand beside you on your comments, however I like the bill also. Years past you didn’t have groups such as Westboro group assembling as they do now, people had respect. If you don’t put things like this in place what will they do next?
I think a better idea would be to grant members of a funeral ceremony immunity from prosecution in dealing with protesters. This would not infringe on the protesters freedom of speech, or the ceremony members freedom of expression.
As a veteran I strongly disagree with this bill. At the start of my military service I took an oath to defend the ENTIRE CONSTITUTION, not just parts of it.
Our Constitution allows citizens the right to free speech and peaceful assembly. NO ONE should be stifled of that right.
I may not agree with what they say or do, but that right I WILL DEFEND!
I can not speak for others, but as a veteran I am disgusted with this bill. This is how we as citizens lose constitutional rights. I am sure the intention was good but the bill is bad.
I am so glad to see someone in the government standing up for our Fallen Heroes. Ms.Benacquisto you are an angel from God. I just pray and wish that you could get a Bill pasted to stop all protesting at any funeral. Freedom of speech is one thing but to protest at ones funeral is a disgrace. Westboro Church can protest on their own grounds and be heard, leave our Fallen Heroes and their families to mourn in peace. Sending a prayer out to our Soldiers May God Bless all our Military Men & Women keep them safe and bring them home to their families, please bring comfort and healing to the families of our Fallen Heroes. Amen
I do not agree with the message of groups such as westboro, however, I agree with their right to freedom of speech. Any limit on freedom of speech hurts all American citizens. Many people have died protecting our right of freedom of speech among the other rights guaranteed to us in the Constitution.
“I disapprove of what you say, but I will defend to the death your right to say it.” -Evelyn Beatrice Hall