ACLJ Applauds Federal Court Decision Supporting Missouri Law Banning Disruptions of Military Funeral

Heroes Felled During Conflict to Be Laid to Rest in Peace

WASHINGTON, Jan. 31, 2007—A ruling from a federal court in Missouri is an important step forward towards ensuring that America's fallen heroes will be guaranteed respectful, protest-free funerals. In a decision handed down today, a federal court in Missouri rejected a request by a Kansas church to prevent enforcement of a state law that bans protests at funerals. The American Center for Law and Justice (ACLJ), the nation's top conservative public interest law firm, filed an amicus brief in the case last fall supporting the state of Missouri's efforts to defend the law.

"We're pleased that the federal court moved to permit the enforcement of this important Missouri statute," said Jay Sekulow, chief counsel of the ACLJ. "It is clear that the Missouri law properly underscores the fact that the protests designed to disrupt the peace and privacy of a solemn ceremony violate reasonable time, place, and manner regulations of speech that have been upheld repeatedly by numerous courts including the Supreme Court of the United States. The decision to deny the preliminary injunction is an important step in protecting the privacy of the family and friends of these fallen military heroes who have given their lives in defense of this country."

In rejecting the request for a preliminary injunction, U.S. District Court Chief Judge Fernando J. Gaitan, Jr.  concluded: "This Court finds that plaintiff has not demonstrated a likelihood of success on the merits of her claims regarding the constitutionality of [the law]."

The ACLJ friend-of-the-court brief (posted online at www.aclj.org) was filed in September 2006 in U.S. District Court in Jefferson City, Miss. in support of the state of Missouri. The state was sued in July 2006 by a member of the Westboro Baptist Church (WBC) of Topeka, Kan., who challenged the Missouri law banning protests and picketing at funerals. Missouri acted after protestors disrupted the funeral of Army Spc. Edward Myers in St. Joseph. WBC launched a national effort to disrupt military funerals by berating the families of military men and women who have died in combat.

In its brief, the ACLJ says it is deeply concerned about the actions of the Westboro Baptist Church and adds:  "Families and friends of fallen United States military personnel should be able to lay their loved ones to rest, and to memorialize their heroic lives, free from demonstrations that invade their right of privacy, worsen the profound emotional suffering that accompanies bereavement, and cause public disorder.  While the ACLJ actively defends the free speech rights of hundreds of individuals and groups in state and federal courts across the country, the ACLJ is also committed to the basic principle of law that the First Amendment does not give citizens a blank check to say whatever they want, however they want, wherever they want-especially when the rights of others are violated."

The ACLJ announced last fall that it would assist states and localities that face challenges by WBC and the ACLU to derail legislative efforts that curtail the protests. In addition to Missouri, 29 other states have passed measures limiting protests at funerals.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.

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