Obama Signs New Law That Includes Ban On Disruptive Picketing of Military Funerals

In a ceremony at the White House (President's remarks), President Obama yesterday signed HR 1627, the Honoring America’s Veterans and Caring for Camp Lejeune Families Act.  Section 601 of the Act prohibits demonstrations (including picketing, speeches and handbilling) within 300 feet of a military funeral or at the residence of the deceased service member or veteran's family during the period from 2 hours before to 2 hours after the funeral. It also prohibits activities within 500 feet of a military funeral that willfully impede access to it. The section was presumably in response to widely publicized picketing of military funerals by members of the Westboro Baptist Church who carried signs, which among other things, protested U.S. acceptance of homosexuality.  In a case last year (see prior posting), the U.S. Supreme Court upheld Westboro's activity as protected by the 1st Amendment. The Act signed by the President limits its demonstration ban to individuals who willfully make noise or diversion that intentionally disturbs (or tends to disturb) the peace and good order of the funeral.  In its Westboro decision, the Supreme Court emphasized that the demonstration at issue in that case did not disrupt the funeral.