Respect for America's Fallen Heroes Act
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The Respect for America’s Fallen Heroes Act (PL 109-228, 120 Stat. 387) is an Act of Congress, enacted on May 29, 2006. It prohibits protests within 300 feet of the entrance of a cemetery under control of the National Cemetery Administration (a division of the United States Department of Veterans Affairs) from 60 minutes before to 60 minutes after a funeral. Penalties for violating the act are up to $100,000 in fines and up to one year imprisonment.
The Act was sponsored by Rep. Mike J. Rogers, a Republican from Michigan. It was introduced in large part to combat the campaign by Fred Phelps from the Westboro Baptist Church, of Topeka, Kansas. Phelps and his supporters regularly demonstrated at the funerals of American soldiers who lost their lives in the war in Iraq. While protest is normally protected by the First Amendment, verbal abuse and fighting words are not; see Chaplinsky v. New Hampshire.
"Families deserve the time to bury their American heroes with dignity and in peace," Rogers said. "It saddens me that such a law is necessary, but it is crucial that America put its arms around these grieving families and say ‘we support you and thank you for the sacrifice your loved one has made for our nation’ and that we will do what it takes to protect your right to mourn in quiet peace and with dignity."
It was approved by the House via roll call vote with an overwhelming majority of 408 to 3. Barney Frank (D-MA) received the ire of Veteran's Groups as one of the three to oppose the act on civil liberties and constitutional grounds. David Wu (D-OR) and Ronald Paul (R-TX) also opposed it, and twenty-one Representatives did not vote. The Senate passed the bill unanimously.
It was amended in December of 2006 by S.4042 to change the distance to 150 feet from 300.
