The surviving family members of Marine Lance Cpl. Matthew Snyder asserted that they were a "captive audience" at his funeral, entitled to state protection from unwanted communication from the Westboro Baptist Church. The family was faced with the choice of leaving the funeral or listening to the hurtful remarks from the Westboro people.
One of the amicus, or "friend of the court," briefs in Snyder v. Phelps addresses the special nature of a military funeral. The brief was filed by the John Marshall Law School Veterans Legal Support Center & Clinic and the Chicago School of Professional Psychology. It asserts that a military death is unique and that failure to protect the family at the funeral can disrupt the grieving process.
This argument also has implications for the Park51/ground zero mosque debate. The military funeral is a sacred space. It is hallowed ground. Ground zero also is a sacred space. Sacred space trumps the right of the Westboro picketers to free expression and should inform the mosque debate as well.
How do we, as a society, resolve these competing interests of freedom of religion and freedom of expression?
In 2002, a California appellate court held that the First Amendment does not permit a person to disrupt church services. In Church of Christ in Hollywood v. Superior Court, the disrupting party, a woman named Lady Barile, was a congregant of the church. The appellate court held that she did not have a right to disrupt the services. The church's right to conduct services trumped her right to free expression.
Last Saturday, the ninth anniversary of the 9/11 attacks, a man at ground zero burned a few pages of a Quran. He said, "If they can burn the American flag, I can burn the Quran."