How might a law banning protests at funerals discriminate on the basis of viewpoint?

Tuesday, January 10, 2006

A law discriminates on the basis of viewpoint if it singles out a specific point of view for regulation. Consider a protest at a military funeral in which demonstrators denigrated the soldier and offended family members. If government officials punished that protest, but allowed a demonstration praising the
deceased, a serious charge of viewpoint discrimination could be leveled because only protesters advocating a specific type of message were targeted.