Anti-Protest Protesting and the Politics Located Therein

This past weekend, a funeral cemetery service was held in honor of a local fallen soldier [from Pennsylvania]. Ordinarily, this seemingly normal event might bring one or two headlines detailing the soldier being laid to rest and his or her accomplishments. In this particular case (and far too many of late to count) however, there is much more buzz surrounding the occasion.

While visiting my grandfather shortly before Christmas, I learned that he, along with several other members of a group to which he belongs, would be partaking in an anti-protest protest. Now, before you begin to think negatively about the politics of protesting a protest and its apparent contradictory nature (my immediate thought was one in the same), please continue reading.

You may remember hearing the name Westboro Baptist Church (WBC), based in Topeka, Kansas, which was formed in 1955 by Pastor Fred Phelps. Its websites include: godhatesfags.com, godhatesamerica.com, hatemongers.com, and thesignsofthetimes.net, among others. The church received national attention for its picketing of gay rights (beginning with the funeral of Matthew Shepard) and the funerals of fallen soldiers as well as its planned picket of the funeral for those children killed during this past summer's Amish School shooting. The last item was cancelled to comply with the terms and conditions of a deal made for Phelps to be allowed an hour's time on the Mike Gallagher Show. To me, the message is clear cut -- it is readily apparent that the church cares more about publicity than they do about upholding their values.

WBC, which terms its picketing of military funerals as "Love Crusades", believes that soldiers are being "slain" to send America a message from God that the country's tolerance of homosexuality is unacceptable in His eyes. One of their many fliers, dated October 27, 2006, displays the message, "Thank God for 30 more dead troops. We wish it were 30,000." The fliers made by this church all include lines taken from the Bible, and used (out of context) to support whatever statement being made. The afore-mentioned flier includes a verse found in 2 Chronicles, 5:22: "For there fell down many slain, because the war was of God."

The actions of Phelps and his followers have prompted the creation of a bill entitled "Respect for America's Fallen Heroes Act." This bill began in the House of Representatives as H.R. 5037 and has a counterpart in the Senate (S. 2779). The House passed the bill on 9 May 2006 with a vote of 408-3 with 21 congressmen not voting, and the Senate passed it unanimously a few weeks later -- 24 May. It was signed into law on 29 May 2006 by President Bush (a testament to the ability of the legislative/executive branches working with time in hand).

The bill bans unapproved demonstrations at federal cemeteries, including Arlington National Cemetery, and also restricts protesting within 500 feet of any military cemetery one hour before, during, and until one hour after the ceremony in question takes place. It follows in the footsteps of a law made in Kansas in 1992, and after WBC spreac its protests to multiple states in the country, several others (including Pennsylvania) have adapted their own versions of this act to further prohibit said demonstrations on its own military cemeteries.

All of this has, of course, sparked debate concerning the constitutionality of the law. The American Civil Liberties Union (ACLU) has made claims that it violates freedom of speech, and in the Kentucky court case McQueary vs. Stumbo, received a verdict that the specifications of the law were not specific enough to guarantee the rights granted in the first and fourteenth amendments, and the Kentucky law was temporarily suspended on 26 September, 2006.

The issue remains to be the constitutionality of these provisions in law. A large majority of the population agree that picketing military funerals in the manner such as WBC has displayed is socially lewd and unacceptable. However, it is hard to deny these members of the population their right to assemble and speak freely. Especially considering that the fallen soldiers have fought to uphold these exact rights. The opposition questions whether or not mourners have the right to peace.

Although Pennsylvania has adopted its own provisions in the interests of military families and their right to peaceful ceremony, the laws may be giving the government too much control over civil liberties, much like the ACLU attests.

Perhaps the best solution follows in the path of the group to which my grandfather belongs and the Patriot Guard Riders [see "Interesting Fact" to the left), who demonstrate their freedoms in counteracting those with which they disagree. Rather than take away the rights of those whose actions are socially questionable, we should take advantage of our own rights, and do what we can to personally offset the measures taken by others. This might mean organizing an anti-protest protest -- not in the name of protesting itself, but with regard to the situation in which the protest was originally organized.