New Bill Seeks to Ban Disruptive Activity at Soldiers’ Funerals

As noted on belief.net, Sen. Olympia Snowe has introduced S. 815, which would impose extensive restrictions as well as penalties on protest activities at military funerals in addition to those already imposed at Arlington and other military cemeteries. The bill identifies it purpose as follows:

to provide necessary and proper support for the recruitment and retention of the Armed Forces and militia employed in the service of the United States by protecting the dignity of the service of the members of such Forces and militia, and by protecting the privacy of their immediate family members and other attendees during funeral services for such members.

The bill then provides:

a) PROHIBITION.—For any funeral of a member or  former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery,  it shall be unlawful for any person to engage in an activity 2 during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity—
(1)(A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between—
(i) the boundary of the location of such funeral; and
(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and
(B) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral;
(2)(A) is within 500 feet of the boundary of the location of such funeral; and
(B) includes any individual willfully and without proper authorization impeding or tending to impede the access to or egress from such location or disrupting or tending to disrupt a funeral procession; or
(3) is within 500 feet of the boundary of the residence, home or domicile of any surviving member of the deceased person’s immediate family and includes any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace of the persons located such location.

Violators would be subject to fines and imprisonment of not more than two years and could be sued for damages. The bill would also establish a rebuttable presumption of willfulness if the violator “did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or  person would not disturb or tend to disturb the peace or  good order of such funeral, impede or tend to impede the access to or egress from such funeral, disrupt or tend disrupt to a funeral procession, or disturb or tend to disturb the peace of any surviving member of the deceased person’s immediate family who may be found at the residence home or domicile of the deceased person’s immediate family on the date of the service or ceremony.”

 JFB