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Federal judge blocks Neb. ban on anti-gay church’s flag mutilation

by Timberly Ross
Associated Press
Friday Sep 3, 2010
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A Westboro Baptist Church street preacher
A Westboro Baptist Church street preacher  

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."

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Comments

  • Jason Orleans, 2010-09-03 17:44:34

    So, not only are we going to continue to allow people to show disrespect to the people who gave these people the freedom to protest but we are also going to allow them to trample on the flag of this great nation. This is an absolute disgrace. I do not think that this was the intent of the writers of the Constitution. Where do we set the boundaries? When do we say that this is abuse of the freedoms that we were given? As a service member and a citizen of this country this is just like spitting in my face.


  • Anonymous, 2010-09-04 13:04:38

    As much as I despise the Phelpses -- I published on my blog a year ago a lengthy expose of their own "abominable" lifestyles (See the URL below) -- the fact remains that their burning of the American flag (or the rainbow flag, for that matter) IS protected by the First Amendment’s guarantee of free speech. Whether we like it or not, the First Amendment guarantees freedom of expression -- even the freedom to make a totally obnoxious jackass of oneself. But that does not mean that making a totally obnoxious jackass of oneself should not go unanswered. The Phelpses truly have no shame, but making the public aware of their outrageous moral hypocrisy will do more to destroy their credibility than anything else I can think of, which is why I wrote my expose. Skeeter Sanders Editor & Publisher The ’Skeeter Bites Report http://www.skeeterbitesreport.com/2009/08/anti-gay-westboro-cult-hatemongers.html


  • Anonymous, 2011-01-22 20:30:15

    The westboro babtist is not a "church", it is a hate group. They are in it for the money and the press. Most of the members of this "church" are attorneys. If any other group showed up at your door, would they get away with this? No! Why do they? Any one can say they are a "church", that is not going to make you a Church! We in this country let a lot pass for "church". This is not about freedom, it is about being human. The hate is a way to make money, by bringing a Lawsuit against people THEY have provoked. They are running a "church" scam.


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