The governor of Kansas Kathleen Sebelius, signes the KS funeral privacy act into law (here: tinyurl.com/5w5rut )(supplemental info here: tinyurl.com/5fc3uv ) banning all protests within 150 feet of a funeral and includes time constraints of an hour before and two hours after the services during which no protests may occur. It also restricts any protesters from interfering with processions under way. Kansas is trying to join 30 other states and the Fed banning protesters from funerals.
While I applaud this and I hope it stands the measure must be tied to something more than a rationally related government interest because encumbers first amendment rights. I personally don’t see protesters at funerals as in any way shape or form related to the “right of the people to peaceably assemble to petition Congress.” Congress ain’t at the funeral.
Recently the KS Sup. Ct. struck down a protest ban at funerals (here: tinyurl.com/yq3s3q )(the stricken law is here: tinyurl.com/5kd2ae )( supplemental information here: tinyurl.com/5upu5y ) on the thesis that it violated the Separation of Powers doctrine in the KS constitution (here: tinyurl.com/yqffp5 ).
The Kansas law that they prior enacted had a weird provision built in that said the law could not be enforced until after the KS Sup. CT. declared it constructional and the KS AG filed that action only to have the Sup strike the former law down. If they include provisions like that in all their laws the KS Sup. Ct. would be as busy as a one armed paper hanger. Apparently the judicial trigger was not included in this incarnation of the new law.
More here: tinyurl.com/4nxdk4
And here: tinyurl.com/3tcdsb
While I applaud this and I hope it stands the measure must be tied to something more than a rationally related government interest because encumbers first amendment rights. I personally don’t see protesters at funerals as in any way shape or form related to the “right of the people to peaceably assemble to petition Congress.” Congress ain’t at the funeral.
Recently the KS Sup. Ct. struck down a protest ban at funerals (here: tinyurl.com/yq3s3q )(the stricken law is here: tinyurl.com/5kd2ae )( supplemental information here: tinyurl.com/5upu5y ) on the thesis that it violated the Separation of Powers doctrine in the KS constitution (here: tinyurl.com/yqffp5 ).
The Kansas law that they prior enacted had a weird provision built in that said the law could not be enforced until after the KS Sup. CT. declared it constructional and the KS AG filed that action only to have the Sup strike the former law down. If they include provisions like that in all their laws the KS Sup. Ct. would be as busy as a one armed paper hanger. Apparently the judicial trigger was not included in this incarnation of the new law.
More here: tinyurl.com/4nxdk4
And here: tinyurl.com/3tcdsb
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