Has the U.S. Supreme Court addressed any case involving funeral-protest legislation?

Tuesday, January 10, 2006

A case in the upcoming 2010 term, Snyder v. Phelps, involves whether a verdict assessing damages against the Westboro Baptist Church for a protest causing emotional distress to a soldier's family violates the First Amendment.

In a somewhat related case, the Court in Frisby v. Schultz (1988) upheld a Wisconsin city ordinance banning picketing in front of private residences. “The type of picketers banned by the Brookfield ordinance generally do not seek to disseminate a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way,” Justice Sandra Day O’Connor wrote for the Court. The Court has also decided a series of cases involving limitations on abortion protesters outside clinics. For example, in Hill v. Colorado (2001), a divided Court (6-3) upheld a Colorado law that imposed an 8-foot floating buffer zone between protesters and those entering and leaving abortion facilities. However, it remains an open question whether funeral-picketing measures are constitutional.