Tuesday, March 28, 2006
Our fractious society generates conflicts over the use of public land. Here is a bizarre one: States are reacting to anti-gay protests at military funerals (organized by a virulent anti-gay religious group) by considering broad laws to ban demonstrations near funerals. The Illinois legislature is considering a law to outlaw protests within 200 feet of a funeral. By outlawing all such protests – and thus being “content-neutral” -- Illinois obviously hopes to avoid legal claims that the law violates free speech. One complication, however, is that the law would also have the effect of barring labor pickets by cemetery workers.
The American Civil Liberties Union has been lobbying against such laws. In Minnesota, the ACLU has asserted that even “cruel, distasteful” speech is protected by the First Amendment and has warned that funeral protest bans could be vulnerable to legal challenge. Could the fact that such laws plainly are motivated by a desire to stop the anti-gay protests form a basis for arguing successfully that the laws do regulate content?
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs
- Two upcoming RMMLF events: 61st Annual Institute (July 16-18 in Anchorage) and 17th Institute for Natural Resources Law Teachers (May 27-29 at Utah Law)
- First Principles for Regulating the Sharing Economy