are also protected by the same logic used to allow Phelps and his band of raving maniacs to harass people?
But now that they ruled in this way, why is religious speech given more freedom than political speech?
This is how Julie Hilden explained it on CNN...
To begin, an important component of First Amendment doctrine is the rule that "time, place, and manner" restrictions are generally permissible. How does this principle apply to the DNC protesters?
It suggests that police had some latitude to tell the protesters where and when they could protest -- just as a City has the latitude when giving out parade permits, to decide whether or not to give those who are applying for permission the exact parade route they are seeking.
Another important First Amendment rule is that you don't have a right to a "captive audience". Thus, the protesters did not necessarily have a right to be seated in the Convention Center itself -- nor did they have a right to push their message constantly on conventioneers who did not want to hear it.
http://articles.cnn.com/2004-08-04/justice/hilden.freespeech_1_protesters-captive-audience-first-amendment?_s=PM:LAWAnd yet this ruling seems to say that Phelps has a right to a captive audience...
I'm an accountant, not a constitutional scholar, but this seems to me to be pretty cut and dried.