Upholding the U.S. Constitution's protection of free speech means tolerating groups that abuse this freedom to spew their hateful messages.
Earlier this week Wisconsin lawmakers ignored the first amendment when they passed a likely-unconstitutional bill that would restrict protests at funerals. The new law will prohibit anyone from protesting within 500 feet of a funeral or memorial service and during the 60 minutes preceding or following the funeral.
The law is directed at members of the Kansas-based Westboro Baptist Church, which is lead by Rev. Fred Phelps and comprised almost entirely of his family, who have been protesting outside the funerals of American soldiers.
The church has chosen to protest the funeral of fallen servicemen and women to garner media attention for their message'that American deaths are the result of God punishing the United States for accepting homosexuality. The church has protested three funerals in Wisconsin.
The actions of Westboro Baptist Church are repulsive, illogical and driven by ignorance.
Nonetheless, the U.S. Constitution defends the right to protest'even if it is used for abhorrent ends. Even some who support the bill question its adherence to our Constitution's First Amendment. The law's passage was merely an attempt to throw it at a wall and hope it sticks.
While it might not be effective governance, it would be political suicide to vote against this legislation for most lawmakers. At the same time, the legislation provides an opportunity for lawmakers to illustrate their support for the troops and disgust for Phelps' hate group. However, the lawmaking chamber should not be an apparatus to be used for political grandstanding.
Writing an unconstitutional law to garner the support of constituents is also a waste of state resources. A Supreme Court, federal or state, will likely rule this law violates the freedom of speech protected by the First Amendment of U.S. Constitution. Millions of dollars and thousands of hours will be wasted as the bill works toward inevitable failure.
While this bill seems destined for the Supreme Court's wastebasket, it could be the catalyst for a much-needed debate in the national arena about First Amendment rights and the respect for LGBT rights. State Legislatures are elected to manage state budgets and look out for the rights of their constituents, not spark national debates about freedom of speech.
This bill, while designed to shield the mourning families of fallen soldiers, violates the basic rights their sons and daughters died to defend. Unfortunately, to keep the expansive freedom we enjoy now, we must suffer the irrational rants of a few hate-filled bigots.
