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Title: Judge Overturns Nebraska Ban On Flag Mutilation, Siding With Westboro Church's Right To Protest Military Funerals
Source: [None]
URL Source: http://www.huffingtonpost.com/2010/ ... tilation-lawsuit_n_704305.html
Published: Sep 3, 2010
Author: TIMBERLY ROSS
Post Date: 2010-09-03 10:57:03 by Ada
Keywords: None
Views: 1508
Comments: 41

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.

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Begin Trace Mode for Comment # 38.

#24. To: Ada (#0)

isn't this the same church leader who had himself and his members running around saying 'god hates fags' and doing interviews all over the country repeating that slogan too?

we should presume that this church leader is an undercover 'asset' of somebody in our intelligence community. he's sewing confusion and discord. he's generating opposition to his alleged anti-war cause. He's causing people to dislike christianity.

having said that, I happen to think that homosexuality is wrong, I think it is against god and nature, I think it harms people who participate in it. But I don't agree with expressing malice towards others like this.

Red Jones  posted on  2010-09-03   14:13:38 ET  Reply   Untrace   Trace   Private Reply  


#30. To: Red Jones (#24)

isn't this the same church leader who had himself and his members running around saying 'god hates fags' and doing interviews all over the country repeating that slogan too?

One and the same. The only other thing I know about him is that he was an Algore delegate at a past Democrat convention.

Whether he and his group are as they present themselves isn't the point. The question is defense of the First Amendment.

Ada  posted on  2010-09-03   19:57:41 ET  Reply   Untrace   Trace   Private Reply  


#38. To: Ada (#30)

Whether he and his group are as they present themselves isn't the point. The question is defense of the First Amendment.

Agreed and a lot of "conservatives" seem to stop standing on principle and support big government when it comes to things like this.

You are either for Constitutional principles or you are not. There is no support in some areas and not in others.

farmfriend  posted on  2010-09-04   17:35:43 ET  Reply   Untrace   Trace   Private Reply  


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