Sioux City Journal

Funeral protester challenges flag law's constitutionality

Posted: Wednesday, August 08, 2007

PAPILLION, Neb. (AP) -- Nebraska's law to protect the American flag is unconstitutional, says a legal challenge filed for a Kansas woman.

Shirley Phelps-Roper has been charged with letting her 10-year-old son, Jonah, stomp on an American flag outside a Bellevue soldier's funeral in June.

She also was charged with negligent child abuse, contributing to the delinquency of a minor and disturbing the peace.

Nebraska's flag law defines flag mutilation as when a "person intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning, or trampling upon such flag."

Phelps-Roper, who is also a lawyer, has noted that the U.S. Supreme Court has struck down laws forbidding flag desecration.

She is a member of the Westboro Baptist Church in Topeka and the daughter of the church's founder, the Rev. Fred Phelps.

Westboro Baptist says that troop deaths are God's judgment against America for tolerating homosexuals. Phelps-Roper's father founded the church, which has protested at military funerals in Nebraska and across the nation.

The June 5 funeral in Bellevue was for Nebraska Army National Guard Spc. William "Bill" Bailey, who was killed May 25 when an explosive device struck his vehicle in Iraq.

Last month the Bellevue City Council barred church members from protesting outside the funeral of a sailor killed in Iraq.

Phelps-Roper's attorney filed a motion in Sarpy County Court last week to throw out the state law, saying it violates her right to free speech.

The motion also said Sarpy County Attorney Lee Polikov's public statements have "effectively polluted the jury pool" to the extent Phelps-Roper can't get a fair trial in the state.

Phelps-Roper attorney Bassel El-Kasaby said he has several Polikov statements to illustrate the point.

Polikov said the complaint was hypocritical.

"This is an attempt to limit my free speech," he said Monday. "The cornerstone of their case is free speech."

A November hearing has been set on a defense motion that asks the prosecution to detail the facts supporting its charges against Phelps-Roper.

Story Comments

Tina wrote on Aug 21, 2007 5:56 AM:

" My son is presently serving in Iraq. I say serving as in for us Americans who have the freedom to do such awful things as stomp on our flag. Even worse, that a parent would encourage that! At this young man's funeral, we should all be thankful to have such a servant. He has served us, America, and this is what we get? By the way, my son says the Iraqi people want us there -- and, it is working!! "

meg from texas wrote on Aug 10, 2007 8:40 PM:

" You know what? Her judgement day will come, and she will see, one day, what the rest of us normal, coherent, Americans see. I am joining the Army in 24 days, and I couldn't be prouder of my flag and what it stands for. "

Pat t wrote on Aug 8, 2007 9:11 PM:

" Any one protesting an officer of the military, especially at his funeral for God Sakes, needs a Good old Public flogging. You stomp on an American Flag at a family Funeral of mine, and your going to wish you had a flag pole to climb to hide from. These people disrespect a "Symbol" of our freedoms and what the Flag stands for,give them a copy of the book, man without a country and send them to cyberia. "

paulie wrote on Aug 8, 2007 1:11 PM:

" Trampling on Old Glory has nothing whatever to do with speech and or speaking. Speech is not defined as trampling, but as talking. She and her "church" need to get off their bandwagon, go on the wagon and get a clue. Go in a cave and talk to yourself. No one in the real world is listening to your self proclaimed garbage. Shut up and go to your room! "

J wrote on Aug 8, 2007 8:24 AM:

" If our gov't continues to allow attornies and their clients like Phelps-Roper to "throw out" various state laws then they are just as guilty as violating the constitution of the US. Put Phelps-Roper in jail! Teach her and her family a lesson! "