Protecting Military Families
April 16th, 2010
DURANT, Okla. – Hello again, everyone! As we in the Senate continued working on House bills this week, a number of critical issues were discussed.
One of the most emotional of issues is how to best protect families of soldiers who lost their lives defending our freedom. This should not be an issue, but a group of zealots from Kansas has made it their mission to make the hardest day in a family’s life even harder.
For the past several years, this group has traveled the country to protest military funerals. Many states have taken steps to limit this group’s ability to inflict emotional pain on military families, while still preserving their First Amendment right to free speech. Like Oklahoma, states have placed distance and time restrictions on demonstrations at funerals.
While we have the right to free speech, guaranteed to us by the U.S. Constitution, there are limits. The most commonly used example is that someone cannot enter a crowded theater and yell “Fire!” when there is not one. There are consequences for those who abuse the right, and I count this group of zealots among those who deserve consequences.
That is why when House Bill 2572 came before the Senate, my thoughts were with the families. The bill originally would have made some modest extensions of the distance away from funerals where demonstrators can picket. I think we should do as much as possible – “push the envelope” – to protect our families.
I proposed an amendment to the bill that would provide some legal protection for family members who have been pushed beyond the breaking point. Under my amendment, if a demonstrator at a funeral breaks the law and comes too close to the service, a family member who reacts to that would not be liable in any civil procedure.
If the family member breaks the law, that person still would be subject to criminal prosecution. The change in law is that the demonstrator, the person who incites the action of the grieving family member, could not sue that family member for damages.
The best way to explain it is like this: If someone yelled “Fire!” in a crowded theater and then got trampled by those who were trying to get out, the person who started it all – the person yelling “Fire!” – would not be able to sue those who trampled him. The amendment would prevent any demonstrator from trying to profit from their own illegal act in breaking the funeral picketing law.
Senators agreed to my amendment. Then, the bill with my amendment easily passed the Senate and now goes to a conference committee for final revisions. Admittedly, this change in law would be a bold step. Even so, we should always be ready to stand for those who put their lives on line to protect freedom, and their family members who share that burden.
Thanks for reading this week’s “Senate Minute.” Have a great week, and may God bless you all.