I 

112TH CONGRESS 

1ST SESSION H. R. 3755 

To amend title 38, United States Code, to prohibit demonstrations at places 

of mourning during a funeral, memorial service, or other bereavement 

ceremony honoring a deceased veteran. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2011 

Ms. RICHARDSON introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to prohibit demonstrations at places of mourning during a funeral, memorial service, or other bereavement ceremony honoring 

a deceased veteran. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Mourn 

5 in Peace Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The greatness of America is measured in 

2 many ways but nowhere is it better reflected than in 

3 the costs paid by the men and women who volun4 tarily assumed the risk of defending the freedoms 

5 guaranteed by the Constitution and who, without re6 luctance or mental reservation, made the supreme 

7 sacrifice for their country. 

8 (2) It is altogether fitting and proper for the 

9 friends and families of those fallen in battle to be 

10 able to mourn their loss in peace and take comfort 

11 and pride in the consolation that comes from the 

12 certain knowledge that they laid so costly a sacrifice 

13 on the altar of freedom. 

14 (3) That to secure this temporary but hallowed 

15 moment of peace, reflection, and healing, it is appro16 priate to place reasonable restrictions on those indi17 viduals and groups who seek to use the occasion of 

18 a funeral, burial, or memorial service of a veteran to 

19 stage a public demonstration intended to turn a pri20 vate gathering of private persons into a public spec21 tacle for the unconscionable purpose of attracting 

22 public attention and gratuitously inflicting unneces23 sary emotional pain on the deceased veteran’s fami24 lies and friends. 


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1 (4) Funerals, memorial services, and bereave2 ment ceremonies are special events warranting spe3 cial respect for the deceased and due regard for the 

4 emotional well-being of the bereaved whose memories 

5 of the final moments before their loved one is laid 

6 to rest may be permanently stained were the occa7 sion allowed to be exploited by others for the pur8 pose of attracting public attention by the intentional 

9 infliction of emotional distress on the loved ones of 

10 the deceased. 

11 (5) The First Amendment that veterans risked 

12 their lives to defend and preserve is broad and 

13 strong enough to protect vigorous and robust public 

14 debate on public issues and generous enough to ac15 commodate the natural desire and need of relatives 

16 and loved ones to be free to mourn their loss in 

17 peace. 

18 SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FU19 NERALS, MEMORIAL SERVICES, AND CERE20 MONIES FOR VETERANS ARE HELD. 

21 (a) IN GENERAL.—Section 2413 of title 38, United 

22 States Code, is amended to read as follows: 


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1 ‘‘§ 2413. Prohibition on demonstrations where a fu2 neral, memorial service, or other bereave3 ment ceremony for a veteran is held 

4 ‘‘(a) PROHIBITION.—No person may carry out— 

5 ‘‘(1) a demonstration on the property where a 

6 funeral for a veteran is held unless the demonstra7 tion has been approved by the cemetery super8 intendent or the owner of the property on which the 

9 funeral is held; or 

10 ‘‘(2) with respect to such a cemetery or other 

11 property on which a funeral is held, a demonstration 

12 during the period beginning 60 minutes before and 

13 ending 60 minutes after such funeral, any part of 

14 which demonstration— 

15 ‘‘(A)(i) takes place within 150 feet of a 

16 road, pathway, or other route of ingress to or 

17 egress from such cemetery or other property; 

18 and 

19 ‘‘(ii) includes, as part of such demonstra20 tion, any individual willfully making or assisting 

21 in the making of any noise or diversion that 

22 disturbs or tends to disturb the peace or good 

23 order of the funeral; or 

24 ‘‘(B) is within 1,000 feet of such cemetery 

25 or other property and impedes the access to or 

26 egress from such cemetery or other property, 


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1 if there is visible, at each place that is at the applicable 

2 distance specified in this sentence from such cemetery or 

3 other property, a sign which clearly and conspicuously 

4 states that a funeral will be held on such cemetery or other 

5 property and so states the time interval during which the 

6 funeral will be held. 

7 ‘‘(b) DEFINITIONS.—For purposes of this section: 

8 ‘‘(1) The term ‘demonstration’ includes the fol9 lowing: 

10 ‘‘(A) Any picketing or similar conduct. 

11 ‘‘(B) Any oration, speech, use of sound 

12 amplification equipment or device, or similar 

13 conduct that is not part of a funeral. 

14 ‘‘(C) The display of any placard, banner, 

15 flag, or similar device, unless such a display is 

16 part of a funeral. 

17 ‘‘(D) The distribution of any handbill, 

18 pamphlet, leaflet, or other written or printed 

19 matter other than a program distributed as 

20 part of a funeral. 

21 ‘‘(2) The term ‘funeral’ includes a memorial 

22 service or any other bereavement ceremony honoring 

23 a veteran.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by striking 


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1 the item relating to section 2413 and inserting the fol2 lowing new item: 

‘‘2413. Prohibition on demonstrations where a funeral, memorial service, or 

other bereavement ceremony for a veteran is held.’’. 

Æ 


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