Subscribe to Breaking News
Loading ...ACLU: Fred Phelps-motivated law unconstitutional
04.02.2009 8:26am EDT
(Lansing, Michigan) A lawsuit challenging Michigan’s law restricting funeral protests was filed Wednesday on behalf of a couple who were pulled over and arrested during a procession for a friend killed in Iraq because their van bore signs critical of then-President George W. Bush.
The American Civil Liberties Union says the 2006 state law is unconstitutional. It was approved with bipartisan support in response to an anti-gay church that has protested at funerals of U.S. soldiers killed in Iraq and Afghanistan.“Although the Legislature may have had honorable motives in passing the law, this case is a textbook example of what happens when the state gives police officers unchecked power to arrest people who express unpopular views,” said Michael Steinberg, legal director for the ACLU of Michigan.
The ACLU filed the federal lawsuit in Bay City against Clare County and two sheriff’s deputies on behalf of a 64-year-old Army veteran Lewis Lowden and his late wife, Jean.
They were arrested in September 2007 in Harrison, about 140 miles northwest of Detroit, on their way to the burial of Army Cpl. Todd Motley, 23, of Clare, who died in Muqdadiyah of wounds suffered when a bomb exploded near his vehicle during combat.
The suit, which seeks unspecified damages from the county, says the Lowdens were close family friends. Jean Lowden home-schooled Motley in high school and Lewis Lowden took him on fishing and camping trips.
Lewis Lowden for years had taped homemade political signs to the inside windows of his van criticizing the president and government policies, the lawsuit said. They made statements such as “Impeach Cheney-Bush” and “G.W. Bush: The Reason Why Murphy Wrote His Law.”
No one complained about the signs when the Lowdens arrived for the funeral, according to the suit.
But during the funeral procession, viewed by hundreds of onlookers, the Lowdens were pulled over and arrested. They missed the burial service. In a statement released by the ACLU, Lewis Lowden said he “can never express the shame and humiliation” he and his wife felt when they were arrested.
Criminal charges were later dropped; the ACLU said Motley’s family had asked prosecutors to drop them.
A message seeking comment from the Clare County Sheriff’s Department was not immediately returned Wednesday.
The federal government and at least 37 states have enacted funeral-protest laws in response to the Westboro Baptist Church’s picketing of military funerals. The Rev. Fred Phelps and his followers claim U.S. combat deaths are God’s punishment for the nation’s tolerance of homosexuality. Some states’ laws have been struck down.
Michigan’s law makes it a felony to “disturb, disrupt or adversely affect” a funeral within 500 feet of the ceremony or procession. The ACLU says it violates free speech rights and is unconstitutionally vague.
“This is a law you would expect in a totalitarian regime but not in the United States,” Steinberg said. He said the law could have been written narrowly to bar “true disruptions” of a funeral such as loud noise keeping people from being able to listen to the ceremony.
One of the law’s sponsors, Republican Sen. Jud Gilbert of Algonac, said the Lowdens’ case is “very unique.” He said lawmakers were trying to stop protesters from hurling insults at grieving families and did not think of the scenario that played out in Harrison.
“We recognize the right of free speech, that people have a right to demonstrate,” Gilbert said. “If something is not constitutional, I hope the court would give guidance of how we could meet their test.”
I agree with Steve H.: Phelps actually (and ironically) helps the gay community, overall.
My view is that if they’re on *public* property, then they shouldn’t be restricted in their speech, no matter how hateful they are. If they’re on private property, then all bets are off. Personally, if I thought Phelps would picket a funeral of one of my loved-ones, I’d do my best to keep it as far away from public property (not something everyone can afford to do, I know).
On public property, we let private citizens spread their hate, not because we condone what they say; rather, we do it because we are one of the few countries in the world that generally takes free speech to its logical extreme. Overall, I think we’re a better country for it. It’s a two-way street, and I think our country’s history has shown that our dedication to free speech has served us well. It hasn’t worked perfectly, but we have to remember that if we pass laws against a minority (no matter how hateful and wrong they are), it could be extended to restrict the more humane viewpoints, as well.
I am waiting for someone to come out with a bumper sticker that reads: GOD HATES PHRED PHELPS.
I agree with some other people that some restrictions may be constitutional, but I do have to agree that the vague language could very well be unconstitutional.
The law should attempt to be more specific in the future. And thank you so much, Todd Motley and his family, for his brave work.
I’m all for protecting the Fred Phelps nutjobs right to free speech. That being said, if I were a cop and a funeral crowd decided to beat the snot out of ‘em I’d be off to the nearest Dunkin Donuts for an emergency kruller call.
The only reason why Phelps isn’t dead yet is God doesn’t want him in Heaven and Satan thinks he is doing a fine job on Earth.
“if I were a cop and a funeral crowd decided to beat the snot out of ‘em I’d be off to the nearest Dunkin Donuts for an emergency kruller call.” –KaninZ
Well it is a good thing you are not a police officer if you think violence is an acceptable response to a protest (and yes passivity is acceptance), however distasteful. Violent, puerile mentalities like yours really shames the LGBT community, because in most countries it is the cop looking the other way when the mob sets upon someone like you.
Victoria said “Well it is a good thing you are not a police officer if you think violence is an acceptable response to a protest (and yes passivity is acceptance), however distasteful.”
You’re right in one way. I’d make a horrible cop. I was a soldier and I know for a fact that violence is sometimes the right answer.
It just has to be effectively targetted. Random violence or violence for its own sake is petty and evil. Violence done against a bunch of goons inflicting pain on a family burying a loved one who died in defense of our country?
If it were my loved one, I’d lead the charge and not lose a moments sleep.
Victoria Said: “People like you are just scary. You are (irony completely lost on you no doubt) exercising free speech and yet decrying it because someone might say something you don’t like. Your attitude leads in particular to religion and cultures being shielded from criticism about their homophobia and misogyny. Because there might be “consequences” after all.”
If this is the message you got from my post, then your ignorance exceeds your arrogance, but not by much. You missed the mark completely.
I wish that the Phelps crew would be drafted and sent to fight in the war.
Then when they return in a box, one could chant…… thy will be done…. at the funeral
@KaninZ “Violence done against a bunch of goons inflicting pain on a family burying a loved one who died in defense of our country? If it were my loved one, I’d lead the charge and not lose a moments sleep.”
Well people like you are why we have so many problems in the world. Assuming you are in fact gay, you’d proably be a homophobe thug if your orientation were reversed. Only a sociopath would “not lose a moments sleep” for perpetrating a violent assault on a group of protesters doing nothing more than making unpopular statements.