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Fred Phelps & Co. in Business Again

Phelps giving an interview about The Laramie P...

Fred Phelps (Image via Wikipedia)

According to this Kansas City Star story, the Kansas Supreme Court has struck down the ban on funeral picketing (enacted to stop Fred Phelps and his disgusting followers from disrupting the funerals of American servicemen).

Interestingly, though, the law is not invalidated on free speech grounds but for technical separation of powers reasons that only lawyers (or “damn lawyers,” if you prefer) would find interesting. The legislature might act again, but . . . the provision that got the ban invalidated this time was designed to prevent the state from paying attorney fees in the event Phelps & Co. sue successfully to have it overturned. Without that insurance against future attorney fees, some lawmakers may not support it.

Hat tip: How Appealing.

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