“I think this will survive constitutional challenge but that’s not to say there aren’t legal issues raised.”

August 20th, 2011

This is a comment a California legislator made with respect to an anti-funeral protesting law enacted in the wake of Snyder v. Phelps, that “establishes a 1,000-foot buffer zone in which protests would be banned an hour before and an hour after a funeral service.”

What does this tell you about legislators and the Constitution? That they try to push the envelope as far as possible, so long as it is *just* constitutional enough to survive judicial scrutiny. This makes the presumption of constitutionality for pieces of legislation so solid.

By the way, Margie Phelps who dismally argued Snyder v. Phelps, is planning challenges to this, and other similar laws.