Town of Hebron, IN, to restrict public protest

[rambone]

 

[Ericpwp]

IC 35-45-1-3
Disorderly conduct
Sec. 3. (a) A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
(b) The offense described in subsection (a) is a Class D felony if it:
(1) adversely affects airport security; and
(2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
(c) The offense described in subsection (a) is a Class D felony if it: (1) is committed within five hundred (500) feet of:
(A) the location where a burial is being performed;
(B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
(C) a building in which:
(i) a funeral or memorial service; or
(ii) the viewing of a deceased person;
is being conducted; and
(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1.

 

[jedi]

So, if someone didn't like the fact you had guns in your house, it would be lawful for them, and all their friends to protest day and night on the sidewalk in front of your house?

What hours should be Free Speech hours? 9am-5pm?
Which homes should protest be banned in front of? Veterans? Politicians?

Relax. People barely protest the tyrants in charge of this country. They will surely get bored in front of your house in pretty short order.

^This!

@EricWP you are a thug just shoot them or call your boys to do a drive-by.

 

[KLB]

IC 35-45-1-3
Disorderly conduct
Sec. 3. (a) A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
(b) The offense described in subsection (a) is a Class D felony if it:
(1) adversely affects airport security; and
(2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.
(c) The offense described in subsection (a) is a Class D felony if it: (1) is committed within five hundred (500) feet of:
(A) the location where a burial is being performed;
(B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or
(C) a building in which:
(i) a funeral or memorial service; or
(ii) the viewing of a deceased person;
is being conducted; and
(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1.

None of which would apply to a peaceful protest.

 

[Ericpwp]

Unreasonable noise at a funeral is anything over a whisper.

 

[jedi]

well if we already have IC that keeps people 500 feet away from the funeral what is kepping them 300 feet away going to do???

 

[Ericpwp]

Politicians that don't know the law of course.

I am all for the 1st amendment, but it also ensures freedom of religion. Therefore, there is a do not disturb sign on funerals.

 

[KLB]

Unreasonable noise at a funeral is anything over a whisper.

So anyone driving a car down the road should be arrested? Church bells go off, arrest them. Kids are playing nearby, arrest them! Sing a hymn, off to jail!

 

[steveh_131]

well if we already have IC that keeps people 500 feet away from the funeral what is kepping them 300 feet away going to do???

I think you're misunderstanding the code. Part (a) defines the actions that constitute a misdemeanor:

(a) A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;

Then part (b) ups the charges to a class D felony under the circumstances that follow.

As long as the group isn't guilty of 1, 2, or 3 in section (a), the additional restrictions in section (b) don't apply.

 

[jedi]

Politicians that don't know the law of course.

I am all for the 1st amendment, but it also ensures freedom of religion. Therefore, there is a do not disturb sign on funerals.

1A, 2A, 3A, etc.. are all RESTRICTIONS on .gov by the people!
Not restrictions for the people by the .gov!

The People had told the .gov via the BoR and via the BoR of the state of IN that under no circumstance can the .gov restrict speech, freedom to allow you or me to workship a goat, a god, GODS, a pig, some ancient old man on a mountaintop in China, etc.

You like I have no right to attempt to restrict my right your right to scream at the top of my/your lungs while in a public place. I can sing "C is for Cookie" at the top of my lungs on the sidewalk if I want or hold a sign that says you suck or geroge washington sucks.

 

[Ericpwp]

So anyone driving a car down the road should be arrested? Church bells go off, arrest them. Kids are playing nearby, arrest them! Sing a hymn, off to jail!

Road noise is not unreasonable.
Church bells and hymns are expected.
Only if they're your kids.

 

[tyrajam]

This is just just rolling out the welcome mat for these Westboro Baptist attention whores. They fish for lawsuits which finance their whole organization, and this ban is an easy target to get slapped down in court.

 

[Classic]

"Stupid is as stupid does."

 

[jedi]

This is just just rolling out the welcome mat for these Westboro Baptist attention whores. They fish for lawsuits which finance their whole organization, and this ban is an easy target to get slapped down in court.

Then I say let it happen so long as only the people of hebron have to pay for it via the lawsuit. They elected these **** they should live with the UC of their decision.
Just don't ask the rest of lake county to help you or pay for it.

 

[rambone]

This is just just rolling out the welcome mat for these Westboro Baptist attention whores. They fish for lawsuits which finance their whole organization, and this ban is an easy target to get slapped down in court.

Next paycheck: Hebron Indiana

Way to show those sick pricks.

 

[hornadylnl]

This is just just rolling out the welcome mat for these Westboro Baptist attention whores. They fish for lawsuits which finance their whole organization, and this ban is an easy target to get slapped down in court.

The best thing that can happen to the Westboro or KKK types is for the counter protesters and the media to stay home. How long do you think one of their protests would last if nobody paid attention to them? Your (your as in everybody) reaction is what they're after.

It's like raising children. Sometimes children throw a fit to gain your attention. It's your job as a parent to discern what the purpose of the fit is.

 

[level.eleven]

In both cases no government (federal or state or it's sub-divisions) can restrict "speech".

Many of us here point to "shall not infringe" when we refer to 2A and how licenses, permits, etc are infringements on our rights. Yeah you turn around as say "oh 300 feet is OK".

we can not have it both ways. The right to speak in a public setting (ie. road, sidewalk, public park) can NOT be touched. You and I may NOT like what is being spoken but that is a totally different topic. The fact that "person A" can speak about whatever in a public setting is and MUST be protected.

Today we allow the .gov to say protestors must be 300' away
Tomorrow we allow the .gov to say protestors must obatin a permit and paid $1 for said permission.
Next week we allow the .gov to say protestors can only speak on weds.
Next month we allow the .gov to say no protesting

Google time, place, and manner test to learn of some limitations on speech from commercial zoning to pamphleteering. These buffer zones were recommended by the Supreme Court in an 8-1 ruling in favor of WBC.

Chief Justice Roberts suggested that the proper response to hurtful protests are general laws creating buffer zones around funerals and the like, rather than empowering of juries to punish unpopular speech.

 

[rambone]

Private property lines are the only buffer zones that makes sense to me.

 

[lucky4034]

Aren't funeral homes privately owned? What about cemeteries? (I honestly have no idea, but assume they are?)

 

[jedi]

Aren't funeral homes privately owned? What about cemeteries? (I honestly have no idea, but assume they are?)

The majority are private. The few that come to mind that are not (ie. public) is Arlington National Cementary.