Fine essay, Inks. Of course, I disagree with it almost to the very word. That's not to say that you haven't based your position on fine, Constitutional reasoning; you certainly have, and I think the Framers would have agreed with you. But I disagree with the Framers.
Just curious, what's your position on the case?
That it was insolent and barbarous for Phelps to intrude in the privacy of the funeral, particularly the funeral of his superior, but that, so long as they hadn't trespassed directly onto the property of the funeral parlor, they were within their rights. I don't base that position on any understanding of Constitutional law, mind, but on my own preferences and tastes, which, I suspect, is the same with everyone else.