navyao
Registered User
In doing some research I came across this from a case before the Texas 3rd District Court of Appeals: "The First Amendment prohibits laws that abridge freedom of speech. There are, however, certain classes of speech that are not afforded the protection of the First Amendment. "Fighting words" are one such class of speech, which are "personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction. Accordingly, we hold that the conduct proscribed under section 42.01(a)(2) falls within the "fighting words" exception and does not violate rights of free speech and expression protected by the First and Fourteenth Amendments to the United States Constitution. We overrule appellant's first point of error.
Wouldn't Westboro's protests fall under the "fighting words" criteria?
Concur. That would fall under "creating a disturbance" or "disorderly conduct." The first and fourteenth amendments only protect free speech to a certain extent. When the speech and or signage upset or offend someone than probable cause exists. It doesn't necessarily have to be the family or friends attending the funeral either, it can be Joe Shmuckately driving by, it can be LE. "Thank God for dead soldiers" creates a disturbance. LE should tell the protestors to remove the sign, if not arrest them. It may only be a municipal or at best a misdemeanor but regardless, you get them outta there for the funeral and that's what matters.