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Reply #35: Yes, but speech free zones exist for abortion clinics. Why not for cemeteries? [View All]

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 04:40 AM
Response to Reply #13
35. Yes, but speech free zones exist for abortion clinics. Why not for cemeteries?
Edited on Tue Mar-30-10 04:44 AM by No Elephants
The First Amendment should and does protect speech we hate. However, all speech regulated by the First Amendment is subject to reasonable regulation as to time, place and manner, but not as to content.

And, you can ban ALL speech from a place that is not a public forum. Further, when there is compelling reason, you can even ban speech from public property, such as sidewalks in close proximity to abortion clinics or schools. The U.S. has a compelling interest not discouraging young people and their families from military service.

Funerals of private people (as opposed to say, heads of state) have ALWAYS been private matters, not fora (fori?) for speech by the public. Funeral homes and cemeteries are private property and funerals are private events.

For those reasons, I see no Constitutional issue in banning ALL public speech from wakes and funerals, especially those of the military.
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