Judge Overturns Nebraska Ban On Flag Mutilation, Siding With Westboro Church's Right To Protest Military Funerals

OMAHA, Neb. — A federal judge overturned Nebraska's ban on flag mutilation Thursday, clearing the way for Kansas church protesters to continue trampling on the U.S. flag when they protest at military funerals.

The ruling from U.S. District Judge Richard Kopf said the law can't be applied as long as Megan Phelps-Roper and fellow members of the Westboro Baptist Church "otherwise act peacefully while desecrating the American or Nebraska flag during their religiously motivated protests."

It was unclear whether the ruling applied only to the church members or to everyone in Nebraska. An earlier temporary block of the law applied only to Phelps-Roper.

The judge declined to explain the intent of his ruling when reached by The Associated Press.

A message left Thursday with the Nebraska attorney general's office wasn't immediately returned.

Attorney General Jon Bruning has previously said the flag-protection law passed in 1977 is not consistent with later U.S. Supreme Court rulings that labeled flag desecration a form of protected speech.

Bruning has said he wouldn't fight to save the Nebraska law. If he chooses not to appeal, Kopf's decision would close the case.

Members of the Topeka, Kan., church protest at soldier funerals around the country because they believe U.S. troop deaths are punishment for the nation's tolerance of homosexuality. Group members often trample on the U.S. flag, wear it and display it upside-down as part of their protests.

In July, Phelps-Roper filed the federal lawsuit challenging the constitutionality of Nebraska's flag law, saying it infringed on her right to free speech. The law barred intentionally "casting contempt or ridicule" upon a U.S. or Nebraska flag by mutilating, defacing or burning it or by trampling on it.

Phelps-Roper's attorney, Margie Phelps, said Thursday the church has been "expressively using the flag a lot in Nebraska."

Comments

[dbishop76]

11:35 AM on 09/05/2010

This man challenges my ardent defense of the First Amendment.

[ratpick]

02:51 PM on 09/04/2010

They can do whatever they want to the flag. I'm a supporter of free speech with very few exceptions.

On the other hand, I think a case can be made that the intent of their speech is to incite violence. They can say whatever they want, they just can't do it at funerals.

[wizegeye]

02:00 PM on 09/04/2010

Most people understand that Westboro's actions are not representative of all people of faith. Just as many agree that we should not condemn or discriminate against all Muslims for the acts of Islamic terrorists who rely on a twisted version of Islam, we should not condemn or discriminate against all Christians or people of faith for the acts of the Westboro Baptist Church and its twisted version of Christianity.”

[John Holseth]

01:19 PM on 09/04/2010

I think this judge and Westboro's fanatics should be made an example of. With all of the other current issues appealing to this country's sense of nationalism, like the mosque in New York or immigration laws in Arizona, this repugnant behavior toward deceased soldiers and their families should not be tolerated. These fanatics have been marching all over the place and harrassing innocent people for as long as I can remember - used to surround the college I attended in the late 90's. I am a Tea Party supporter and by no means an advocate of leftist ideals, but this is not about political perspective, this is about human decency. These people should be classified as terrorists and the judge who allowed this travesty to be put on the books should be exiled. And hey freaks, God doesn't hate.

[Please-Play-Fair]

02:13 PM on 09/04/2010

I am also a "righty" and despise Westboro and everything they stand for. But it is their right. However, I think 99% of Americans are just as offended by these people and we can certainly "counter" their actions with a much larger group than Westboro could ever put together. That is the best remedy.

When I see people desecrate or demean the flag, it angers and offends me. But the soldiers that fought for these freedoms also fought for the freedoms of Westboro to believe what they do. There will always be bad people in this country and world. But America knows what is right and wrong and good will prevail and make us stronger.

[ghostrider57]

07:38 PM on 09/03/2010

Unfortunately I have to agree with the judge in this case. Everybody has the right to do whatever they want with the flag. It's too bad it is being done by deranged ill informed people, but what can you do?

They did get one thing right though. When the flag is displayed upside down it means you are in distress and need assistance or help. These people definitely need help.

[geoffrey s]

03:26 PM on 09/03/2010

@Tribal Knowledge: Just because you cannot imagine supporting someone's right to say things you disapprove of, doesn't mean the rest of us are so regressive. Supporting free speech and remaining silent when you disagree are two completely different things and you know it.

[Garspies]

09:15 PM on 09/03/2010

Knowledge and wisdom are indeed two different things. Well said Geoffrey.

[bubbuh]

03:15 PM on 09/03/2010

Contrary to what has been posted by Ramirez and others, Phelps has never run for office as a Democrat. He has run in Democratic primaries. Remember. Anyone can register for any party.
_________________________________________________

Phelps has run in various Kansas Democratic Party primaries five times, but has never won. These included races for governor in 1990, 1994, and 1998, receiving about 15 percent of the vote in 1998.[53] In the 1992 Democratic Party primary for U.S. Senate, Phelps received 31 percent of the vote.[54] Phelps ran for mayor of Topeka in 1993[55] and 1997.
http://en.wikipedia.org/wiki/Fred_Phelps
________________________________________________________________

Unlike his Tea Baggie counterparts in the GOPee, Phelps has never come close to winning any Democratic primary

[bubbuh]

03:06 PM on 09/03/2010

Americans have an absolute right to be A-holes as long as what their A-holery is not the equivalent of yelling "fire" in a dark and crowded theater.

[weneedaLEADER]

02:52 PM on 09/03/2010

To think that our troops have died to protect their rights..my thoughts are with the families who have suffered the ulimate sacrifice.

[Ramirez]

02:48 PM on 09/03/2010

Fred Phelps is "a Democrat who has five times been a candidate for political office in Kansas Democratic Party primaries."

http://en.wikipedia.org/wiki/Fred_Phelps


In fairness these people are representative of neither party nor religion, and they only represent the absolute worst of our national dialogue.

[Gregor53]

02:32 PM on 09/03/2010

The beauty of freedom of speech, it allows others to observe and hear the voices of unawareness, disgust, trepidation, and apparently intellectual regression. Their protests offer nothing of importance to the world, hurt the families of those that have fallen for the liberties that allow these juveniles to protest and would not recognize the real Yeshua if he stood in front of them. Their God is a vengeful and angry God and in the end, they will find that they are alone. I congratulate those that confront them both as a barrier to the funerals of our fallen heroes and the best I have seen, the young reporter that actually drove them from the streets with pointed questions.

[greeneyes51654m]

02:54 PM on 09/03/2010

That was a great read. Fanned.

[Tribal Knowledge]

02:54 PM on 09/03/2010

Pure BS.

There is no beauty here. This is no excercise of our higher angels. To assert so is ridiculous. It's funny that you would post this, protecting the rights of monsters over the fallen heroes. I wonder, what do you think of people protesting gay marriage, or in favor of the AZ law, or who disagree, or question, Obama's credentials?

Are those examples where you sit back with folded arms and enjoy the national dialogue? Or do you just hurl epitheticals, or shrilly shout the name Bush...

[geoffrey s]

03:04 PM on 09/03/2010

The hardest part of being a civil rights advocate is supporting someone's right to do something you personally find repugnant.

[Gregor53]

03:16 PM on 09/03/2010

Duh. Unfortunately, some of us will defend the rights of those we do not agree with. Otherwise there is no freedom. I do not support the Westboro Church and other things, including Prop 8 or trying to stop the Mosque. I voted Obama and like him, I SUPPORT THE CONSTITUTION from some, such as you, that feel you know it all. One does not have to agree with someone to still support their rights to shout out crap. Apparently you have a bigger problem with people disagreeing with you than anyone else. You should remove Knowledge from your name.

[Kevin Atlanta]

02:32 PM on 09/03/2010

Good deal. Let these Cults of Jesus Inc missionaries of hate spew their vitriol and the US Citizens get a belly-full of this caustic stand from hate-mongers representing them.
This is the real face of the 7 Mountains Mandate of Dominion of Angle, Rand, Miller, and the insaniTEA of the Holy Republican Cults of Jesus Inc.
Enjoy the freak show.
"When Tyranny comes to America it will be wrapped in a flag and carrying a cross." Sinclair Lews.

[climbing panda]

02:40 PM on 09/03/2010

that's like saying al qaeda or the muslim brotherhood represents all of islam.

[Ramirez]

02:44 PM on 09/03/2010

These annoying people belong to neither party, however when they run for office they run as Democrats.

Enjoy your Democrats, Kevin.

[DEMatHEART]

02:24 PM on 09/03/2010

How far back are they required to be from a funeral or funeral procession? That would make a big difference to me - because it doesn't interfere with their freedom of speech (disgusting as it is). It would just keep them at bay, so they can't upset the mourning family & friends.

[Observer963]

02:28 PM on 09/03/2010

Great point. Agreed. I'd say I don't care how they protest and for what or against what as long as they don't interrupt the funeral and upset the mourners. That should've been the ruling IMO. In they first sign of interruption, they're out!

[Tribal Knowledge]

02:57 PM on 09/03/2010

So you are fine, then, with anyone excercising vile speech anywhere...in front of the NY mosque site? Against gay rights? Proponents of the AZ law?

Or are you a hypocrite?

[gypsysailor]

02:22 PM on 09/03/2010

Okay, now where are all the right wingnuts now? Not one word against these people have I heard from them. If that were someone from the left doing that to the flag there would be more than just a little uproar, especially if the First Amendment were used as an excuse.

[FatFeline]

02:55 PM on 09/03/2010

If you have not heard from Conservatives on this issue then you either do not know any Conservatives or you do very selective listening.

[Tribal Knowledge]

02:58 PM on 09/03/2010

Maybe you are not paying attention.

[Majorbob53]

02:22 PM on 09/03/2010

I'm a career military officer. I'm a Democrat. While the protests of this despicable "church" make me cringe, .... well... it's their Constitutional right to do what they do. I took an oath when I enlisted and then again when I was commissioned to "...support, defend and protect the Constitution of the United States." What these so-called "christians" do to grieving military families is reprehensible, vile, and so "un-christian." But they have a right to do it. And, I put on my uniform every day to support their right to do so. And I hate what they do.

[weneedaLEADER]

02:54 PM on 09/03/2010

Wish I could fan you again

[FatFeline]

02:56 PM on 09/03/2010

Yet another Democrat that I can agree with on something.