When a member of the armed forces who was killed in Afghanistan was being laid to rest at Jefferson Barracks National Cemetery, the service member’s family were deeply upset by a small group of protesters who stood only a few hundred feet from the graveside service. The protesters were from Westboro Baptist Church, and their signs said incredibly hurtful things, such as “Your Son or Daughter Deserved to Die” and “You’re Going to Hell”. (According to Fred Phelps, a spokesperson for Westboro Baptist Church, the United States is full of “sodomites” and is being punished by God for its tolerance of homosexuality.) The cemetery passed rules that banned protesting at military funerals in order to protect the mourners from such emotional harm. Westboro Baptist Church sued the government on First Amendment grounds, contending that their freedom of speech was being unlawfully infringed by the ban on protests.PLEASE ANSWER BOTHOF THE FOLLOWING:

  1. The US Supreme Court identifies three types of speech under the First Amendment. Which type of speech is involved in this case?
  2. What does a city or other governmental entity (like Jefferson Barracks National Cemetery in this case) have to show in order for a court to find that its restrictions are justified?


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