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Judge: Westboro can deface flag at protests By Timberly Ross - The Associated PressPosted : Thursday Sep 2, 2010 20:56:46 EDT OMAHA, Neb. ? A federal judge overturned Nebraska?s ban on flag mutilation Thursday, clearing the way for Kansas church protesters to continue trampling on the U.S. flag when they protest at military funerals.The ruling from U.S. District Judge Richard Kopf said the law can?t be applied as long as Megan Phelps-Roper and fellow members of the Westboro Baptist Church ?otherwise act peacefully while desecrating the American or Nebraska flag during their religiously motivated protests.?It was unclear whether the ruling applied only to the church members or to everyone in Nebraska. An earlier temporary block of the law applied only to Phelps-Roper.The judge declined to explain the intent of his ruling when reached by The Associated Press.A message left Thursday with the Nebraska attorney general?s office wasn?t immediately returned.Attorney General Jon Bruning has previously said the flag-protection law passed in 1977 is not consistent with later U.S. Supreme Court rulings that labeled flag desecration a form of protected speech.Bruning has said he wouldn?t fight to save the Nebraska law. If he chooses not to appeal, Kopf?s decision would close the case.Members of the Topeka, Kan., church protest at soldier funerals around the country because they believe U.S. troop deaths are punishment for the nation?s tolerance of homosexuality. Group members often trample on the U.S. flag, wear it and display it upside-down as part of their protests.In July, Phelps-Roper filed the federal lawsuit challenging the constitutionality of Nebraska?s flag law, saying it infringed on her right to free speech. The law barred intentionally ?casting contempt or ridicule? upon a U.S. or Nebraska flag by mutilating, defacing or burning it or by trampling on it.Phelps-Roper?s attorney, Margie Phelps, said Thursday the church has been ?expressively using the flag a lot in Nebraska.?
I think freedom of expression is more important in this case though I utterly detest what they are doing. Of course this can be fixed by saying the flag is federal property (like your mailbox). Then it would be a crime to damage federal property.
I have no problem with freedom of expression.In this case, I see it as a perfect storm of bad taste, insenstivity, hate, disrepect, intollerance, callousness, provocation, and general "F"-you'ness that has the perverted audacity to wrap itself in the name of the church.If they wanted to do this on the steps of the Capitol, the Pentagon, the White House lawn, in front of the local recruiting office, or in Times Square then I, for one, would be more tolerant. But to select a funeral - especially the funeral of young people where parents, siblings, and often, young children who have lost their father or mother.... and to do it in the name of God....Well, I guess they are having their intended effect. When Fred Phelps or Megan Phelps-Roper or any of their kith or kin pass on, I hope that they get a taste of their own medicine and about 20,000 people show up to protest and pay their (dis)respects.
