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| Protesting military funerals is disrespectful |
"Respect for America's Fallen Heroes Act - Prohibits a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located.
Prohibits, with respect to such a cemetery, a demonstration during the period beginning 60 minutes before and ending 60 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration: (1) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery property and includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral, memorial service, or ceremony; or (2) is within 300 feet of such cemetery and impedes the access to or egress from such cemetery."
In the final decision about whether or not to punish those who would protest a military funeral, we must first determine when protesting at or near a funeral service ceases to be "freedom of speech" and starts infringing on a person's "right to privacy".
The "right to privacy" is not mentioned in our Constitution, but the Supreme Court placed in there in 1973 in the landmark abortion decision. Here is an excerpt published by PBS:
"In a 7-2 decision written by Justice Harry Blackmun (who was chosen because of his prior experience as counsel to the Mayo Clinic), the Court ruled that the Texas statute violated Jane Roe's constitutional right to privacy. The Court argued that the Constitution's First, Fourth, Ninth, and Fourteenth Amendments protect an individual's "zone of privacy" against state laws and cited past cases ruling that marriage, contraception, and child rearing are activities covered in this "zone of privacy." The Court then argued that the "zone of privacy" was "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." This decision involved myriad physical, psychological, and economic stresses a pregnant woman must face."
Does attending the funeral of a loved one who has given his/her life in defense of this country fall into the Supreme Court's "zone of privacy"? Should we allow anyone to invade the privacy of those who are experiencing probably the lowest, most physical and psychological stressing times of their lives?
I guess if we look long and hard enough, we will find a person or group of people who say they are against everything and each time some special interest group wants to take a stand for or against a cause, they use the U. S. Constitution as a reference for their defense. If our Constitution actually said what people would like for it to say, the document would be several hundred pages long.
In speaking of military funeral protests, one organization immediately comes to mind. It is led by a person whose sole purpose in life seems to be to spread hatred. The name of the church or the pastor will not be mentioned, because he has made the comment to the effect that every time his name appears in print they have won.
This church proudly boasts that "God hates America", "Thank God for dead soldiers", and "Thank God for IEDs(improvised explosive devices)".
In 2007, a Baltimore federal jury found the above referenced church guilty of violating a family's right to privacy and intentionally inflicting emotional distress against the family of a Marine who had been killed in Iraq.
Also in 2007, another leader of this church was charged with flag desecration for allowing her 10-year-old son to stand on the American flag during a military funeral protest. The charge was filed in the state of Nebraska, which actually has a state law against flag desecration. It is very unfortunate that some of our state lawmakers don't have the guts to stand up for the right things.
Protesting for a just cause is one thing, to protest out of hate and disrespect for our country and our flag is another. Sometimes we seem to forget that we are "We The People" and it doesn't take a Constitution to tell us how to live our lives, how to raise our kids, or to have respect and love for our country.
Most Americans know what is right and what is wrong, but oftentimes our silence is taken to mean that we just agree with everything. This is evidenced by the fact that many states are introducing bills into their state's legislative branches to limit protests near funerals and many states have passed such laws. Of course, these laws will be challenged, isn't just about any other law challenged?
The brave men and women of our armed forces have taken an oath to "protect the Constitution of the United States against all enemies, both foreign and domestic" and many are dying so that we might remain free. This oath doesn't need any interpretation. Those who would mock, criticize, harm, or disrespect this great nation are "domestic enemies".
Our service men and women were sent to war zones by orders of the President of the United States and none asked to be placed in harms way. What do you think would happen if someone attempted to protest the funeral of a fallen President or other head of state?
Many men and women have given their lives so that all of us might enjoy the privileges of freedom. It is ironic that these men and women are dying to protect even those who seem to hate them.
Showing respect for a fallen hero is just common decency and it shouldn't require a law for us to understand that simple fact. No one should be allowed to assemble for the purpose of showing disrespect to the greatest nation on earth, period.
What do you think. I would like to hear what you have to say. Please join me on LinkedIn and Google+.
As a freelance writer, I write on many other topics outside government and politics. If you need some help writing those high quality blog posts, you can get in touch over here. - Ken
