Our Opinion: New law refines delicate balance

Laws sometimes require refinement.

Gov. Jay Nixon last week signed a new law that refines a prohibition on protests near funerals, but eliminates a provision a court found unconstitutional.

The new law restates part of an existing law banning protests within 300 feet of funerals or burial sites from one hour before the event begins until one hour after it ends.

The law, our readers will recall, was a legislative response to protests held at Missouri funerals for military personnel. Members of the Westboro Baptist Church, based in Topeka, Kan., conducted the protests, which characterized the soldiers' deaths as God's punishment for acceptance of homosexuality in the United States.

The protests raised challenging questions regarding limitations on free speech in a nation that cherishes its expression.

Legislators wrote and the court upheld legislation that strikes a balance between the protesters' right to speak and the families' right to privacy during a solemn occasion.

The court, however, struck down a provision prohibiting protests along the routes of funeral processions. That provision is eliminated in the new law.

Count us among the Missourians who consider the protesters words and deeds to be vile, rude and incendiary. But also count us among citizens who respect and defend the First Amendment right of free speech.

Free speech, however, is not absolute.

As we wrote in this forum on March 13: "Perhaps the most well-known example is "you can't yell fire in a crowded theater.' The quote actually paraphrases language in a 1919 U.S. Supreme Court ruling written by Justice Olive Wendell Holmes Jr. Other restrictions involve libel, slander and threats. Mention explosives while standing in line at airport security and you are likely to miss the flight."

Protesters have a right to speak, but not everywhere or always. Bereaved families also have a right to be left alone during funeral services and burials.

It's the law.

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