The U.S. District Court for the Eastern District of Michigan has struck down Michigan’s law banning funeral protests as unconstitutionally vague after it was used to arrest someone for having a protest sign on their vehicle while participating in a funeral.
Lewis and Jean Lowden were arrested in 2007 while attending the funeral of a soldier killed in the Iraq war. They had known the deceased and his family for 15 years and were there by invitation. The van they were driving had signs taped to the windows as well as bumper stickers critical of then-President George W. Bush and his policies, prompting the Clare County Sheriff’s Department to pull them over and arrest them for violating a new state law prohibiting protests at a funeral.
The ACLU filed suit on their behalf, arguing that the law was unconstitutional both in its language and in the manner in which it was applied in this case. In a press release, the ACLU praised the decision:
“Although the statute was designed to keep the controversial Westboro Baptist Church out of Michigan, it was ultimately used to disrupt a peaceful funeral and arrest innocent mourners whose privacy the statute was designed to protect,” said Dan Korobkin, ACLU of Michigan staff attorney. ”Today’s ruling serves as a reminder that innocent people suffer when our legislators pass overly broad laws that give police officers unchecked power to arrest people who express unpopular views.”
It is not known whether the case will be appealed. You can read the full ruling here.