Kansas Church Announces Plans to Protest Slain Virginia Tech Student’s Hometown Memorial

WASHINGTON, April 20, 2007—The American Center for Law and Justice (ACLJ) is working with officials in Georgia to ensure that Ryan Clark, the Martinez, Ga. native and Virginia Tech student who was murdered this week during the massacre in Blacksburg, Va., is laid to rest in peace. The move comes after Westboro Baptist Church (WBC) announced plans to picket Clark's Saturday memorial service. The Kansas-based church, which has picketed and disrupted military funerals in the past, is now targeting the funerals of those slain in the Virginia Tech massacre. The ACLJ is urging Georgia officials to take constitutionally-backed action to prevent any disruption at Clark's memorial service.
 
"This clearly represents a new low for these protestors who now intend to disrespect the memory of the victims of the massacre at Virginia Tech," said Jay Sekulow, chief counsel of the ACLJ. "Those attending Ryan Clark's memorial service should be able to participate and pray in peace and quiet-without undue interference by WBC. It's clear that federal, state, and local laws properly underscore that 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. We urge local officials to utilize constitutionally-sound laws to protect the solemnity of Ryan's memorial service."
 
Ryan Clark's memorial service is scheduled to take place tomorrow at his alma mater, Lakeside High School in Evans, Ga. In a letter delivered today to Doug Batchelor, counsel for Columbia County, the ACLJ urges local officials to "apply any and all state and local laws which will permit the memorial service to be conducted with due solemnity and respect."
 
 The ACLJ letter details legal precedent. "While WBC may have a right to picket events such as tomorrow's memorial service, this does not mean that WBC may disregard reasonable time, place, and manner restrictions on such activities, or ignore other federal, state, and local laws applicable to its conduct."
 
The letter goes on to remind local authorities that they have a right to ensure this memorial service is not disrupted. "Under the First Amendment, there is a stark difference between the ban on the content of political speech and a content-neutral application of governmental policies to ensure memorial services can take place without excessive noise or physical disruption. The government may enact and apply reasonable, content-neutral limitations on the time, place, and manner of expression that leave open ample alternative channels of communication in order to promote the public interest and preserve the rights of others."
 
The ACLJ letter concludes: "We admire the commitment of Columbia County in ensuring that family, friends, and other grieving citizens can honor Ryan's life and memory without undue interference by WBC."
 
The ACLJ informational letter is posted online at www.aclj.org. 
 
The ACLJ has successfully challenged WBC's actions in the past. Three months ago, a federal court in Missouri rejected a request by WBC to prevent enforcement of a state law that bans protests at funerals. The ACLJ filed an amicus brief in that case supporting the state of Missouri's efforts to defend the law.
 
Last fall, the ACLJ announced 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, some 30 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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