(1) The Legislature finds that families have a legitimate and legally cognizable interest in organizing and attending funerals for deceased relatives and that the rights of families to peacefully and privately mourn the death of relatives are violated when funerals are targeted for picketing or protest activities.
(2) The Legislature also recognizes that individuals have a constitutional right to free speech and that in the context of funeral ceremonies, the competing interests of picketers and funeral participants must be balanced. Therefor, the Legislature declares that the purposes of sections 28-1320.01 to 28-1320.03 are to protect the privacy of grieving families and to preserve the peaceful character of cemeteries, mortuaries, churches, and other places of worship during a funeral while still providing picketers and protestors the opportunity to communicate their message at a time and place that minimizes the interference with the rights of funeral participants.
Notes of Decisions
Shirley Phelps-Roper v. Pete Ricketts, 867 F.3d 883 (8th Cir. 2017).
· cites it 3× “Neb. Rev. Stat. §§ 28-1320.01 to .03. Phelps-Roper brought this action against the State of Nebraska and the Omaha Police Department (OPD) challenging the constitutionality of the NFPL, facially and as applied.”
Phelps-Roper v. Heineman, 720 F. Supp. 2d 1090 (D. Neb. 2010).
· cites it 12× “(2) Unlawful picketing of a funeral is a Class III misdemeanor Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2008).”
Phelps-Roper v. Heineman, 57 F. Supp. 3d 1146 (D. Neb. 2014).
· cites it 17× “Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2006).”
— Neb. Rev. Stat. § 28-1320.01(1) — 2 cases
Phelps-Roper v. Heineman, 720 F. Supp. 2d 1090 (D. Neb. 2010).
“(2) Unlawful picketing of a funeral is a Class III misdemeanor Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2008).”
Phelps-Roper v. Heineman, 57 F. Supp. 3d 1146 (D. Neb. 2014).
“Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2006).”
— Neb. Rev. Stat. § 28-1320.01(2) — 2 cases
Phelps-Roper v. Heineman, 720 F. Supp. 2d 1090 (D. Neb. 2010).
“(2) Unlawful picketing of a funeral is a Class III misdemeanor Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2008).”
Phelps-Roper v. Heineman, 57 F. Supp. 3d 1146 (D. Neb. 2014).
“Neb.Rev.Stat. §§ 28-1320.01 to 28-1320.03 (Reissue 2006).”
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