Oklahomans Torn Over First Amendment Rights of Military Funeral Protesters

By Ed Murray, NEWS 9

NORMAN, Oklahoma -- A Kansas church known for protesting outside military funerals, including ones in Oklahoma, is now the focus of debate before the United State Supreme Court. Many Oklahomans are torn over this issue.

The Supreme Court justices are reviewing a case involving the Westboro Baptist Church. At question: Are their offensive protests protected by the First Amendment?

In 2006, Westboro members waving anti-gay and anti-military signs protested at the funeral for Lance Corporal Matthew Snyder. The Marine, who was not gay, died in Iraq. Matthew's father sued Westboro church and won a $5 million verdict, but another court threw the verdict out, but Snyder's family wants it reinstated.

Almost every state, including Oklahoma, has a law restricting where and when these protests can take place, basically a buffer zone for the families.

These protestors showed up in Norman in 2007 for the funeral of Ryan Dallam. His dad, Scott, said an argument to restrict rights is a tough one for him, but he has a good idea of what he would like the court to decide.

"I probably do. I kind of hold that close to my chest a little bit. Yeah, I do. And I probably won't share that with anyone right now," Scott Dallam said.

There has been a Dallam serving our country in the military since the 1940s. Scott Dallam's dad fought in World War II, he's retired military and his son, Army Corporal Ryan Dallam, made the ultimate sacrifice in Baghdad in early 2007. All fought for freedom, including the freedom of speech.

"I really don't get it. I'm really kind of appalled, but again, being from the military and serving in the military, I think people have the rights to do that. But again, I think there's such a fine line. When do you cut it off? When do you say ‘No you can't do that' versus ‘Yes, it's okay'?" said Dallam.

"If the Supreme Court rules in favor of the Westboro Church, I suspect that it will probably destroy the Oklahoma law," said State Rep. Paul Wesselhoft

Rep. Wesselhoft authored what is now the Oklahoma Funeral Picketing Act. It restricts by time and space when the protestors can act. He's also a retired U.S. Army military chaplain. He hopes justices strike a humane balance.

"Yes, they have the right, but they're distorting that right. They're taking advantage of that right," said Wesselhoft. "I don't think any of the Founders and anyone else had conceived in their mind that someone would do that at funerals...you know, that was totally beyond them."

But apart from the battle of rights, free speech versus invasion of privacy, there's no doubt with these men between right and wrong.

"We bring them home to give them an honorable burial and then it's disrupted by this cult? It's unconscionable," said Wesselhoft.

"I think those people have a really bad message or something that is very poison that they learned or gotten," Dallam said. "I can't speak for them, but I think they're really off base."

Scott Dallam prefers to remember the outpouring of love in Norman on the day of his son's funeral from its citizens to the Patriot Guard motorcyclists.

The Supreme Court is not expected to rule until next summer.