Koster fights back against Westboro Baptist Church

In a trial brief submitted today in U. S. District Court for the Western District of Missouri, Attorney General Chris Koster defended Missouri's law preventing protesting at funerals. Shirley Phelps-Roeper, sister of Westboro Baptist Church pastor Fred Phelps was awarded an injunction which has permitted the protests, most of which take place at soldiers' funerals, to continue until her lawsuit against the state has been decided. Church members say they protest at the funerals because of the United States' increasing tolerance of gays.

Koster says the case involves no First Amendment issues because the church's followers employ so-called "fighting words" and not political speech:

The record shows, and State defendants anticipate the evidence at trial will show, that these types of provoking signs are “sound bites” designed to provoke and play no essential part in the exposition of ideas. See plaintiff’s deposition at 75:12 (“sound bites”). In fact, plaintiff describes in her deposition how she and other church members decide which signs to bring to a particular protest: “Well, when I went to the Catholic high school this morning, I made absolutely certain that I had priests rape boys, and Pope in hell, and the Pope is lying.”

Plaintiff’s deposition at p. 55:18-21; see also plaintiff’s deposition at p. 55:24 – 56:5 (“We have thousands of signs, but they fall under categories. We have military signs. We have government signs. We have individuals, like when we’re going to picket Elton John. I’ve got a couple of his signs. No joke. Elton John and Billy Joel did a series of concerts this year, and we caught them in Tulsa, in Chicago, in Des Moines. You understand?”).

Koster says the church members' conduct "is not entitled to First Amendment protection at all."

The brief also claims that Missouri's law merely creates a buffer zone around the funeral, something which has been approved by the courts for other situations, such as the protection of workers at health care clinics.

The brief notes that Missouri has an interest in maintaining the sanctity of funerals:

The State has a significant interest in preserving and protecting the sanctity and dignity of memorial and funeral services, as well as protecting the privacy of family and friends of the deceased during a time of mourning and distress. 

The state's arguments for summary judgment will be presented during a June 7  hearing in Kansas City.