II 

109TH CONGRESS 

2D SESSION S. 2452 

To prohibit picketing at the funerals of members and former members of 

the armed forces. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. BAYH (for himself and Mr. CHAMBLISS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit picketing at the funerals of members and former 

members of the armed forces. 

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 ‘‘Dignity for Military 

5 Funerals Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) article I, section 8, of the Constitution of 

9 the United States grants Congress the power to 

10 ‘‘provide for the common Defence’’, ‘‘To raise and 


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1 support Armies’’, and ‘‘To provide and maintain a 

2 Navy’’; 

3 (2) the Supreme Court of the United States has 

4 held that ‘‘The constitutional power of Congress to 

5 raise and support armies and to make all laws nec6 essary and proper to that end is broad and sweep7 ing.’’, United States v. O’Brien, 391 U.S. 367, 377 

8 (1968) (citations omitted); 

9 (3) supporting our armies and maintaining a 

10 Navy includes supporting soldiers, sailors, and ma11 rines, and their families, after they are deceased; 

12 (4) our brave military men and women put 

13 themselves at great risk to protect the freedom of 

14 every American and our Nation as a whole; 

15 (5) every death of a member of the armed 

16 forces is a tragic loss to our Nation; 

17 (6) all Americans have tremendous gratitude 

18 for the courage and selflessness of the members of 

19 the armed forces; 

20 (7) when a member of the armed forces dies in 

21 the line of duty, the thoughts and prayers of the en22 tire Nation are with the family of the deceased at 

23 such an extraordinarily difficult time; 


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1 (8) it is generally recognized that families have 

2 a substantial interest in organizing and attending 

3 funerals for deceased relatives; 

4 (9) the interests of families in privately and 

5 peacefully mourning the loss of deceased relatives 

6 are violated when funerals are targeted for picketing 

7 and other public demonstrations; 

8 (10) picketing of funerals causes emotional dis9 turbance and distress to grieving families who par10 ticipate in funerals; and 

11 (11) full opportunity exists under this Act and 

12 the amendments made by this Act for the exercise 

13 of freedom of speech and other constitutional rights 

14 at times other than within 1 hour prior to or during 

15 the funeral of a member of the armed forces and 1 

16 hour following the conclusion of such a funeral. 

17 SEC. 3. DEFINITIONS. 

18 In this Act— 

19 (1) the term ‘‘armed forces’’ has the meaning 

20 given the term in section 101 of title 10, United 

21 States Code; 

22 (2) the term ‘‘funeral of a member or former 

23 member of the armed forces’’ means any ceremony, 

24 procession, or memorial service held in connection 


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1 with the burial or cremation of a member or former 

2 member of the armed forces; 

3 (3) the term ‘‘picketing’’ means protest activi4 ties engaged in by any person within 300 feet of a 

5 cemetery, mortuary, or church during the period be6 ginning 1 hour prior to the funeral of a member of 

7 the armed forces and ending 1 hour after the conclu8 sion of such a funeral; and 

9 (4) the term ‘‘protest activities’’ includes, with 

10 respect to any funeral— 

11 (A) oration, speech, or similar conduct be12 fore an assembled group of people that is not 

13 part of the funeral or ceremony, 

14 (B) the display of placards, banners, post15 ers, flags, or similar devices that are not part 

16 of the funeral or ceremony, and 

17 (C) the distribution of any handbill, pam18 phlet, leaflet, or other written material that is 

19 not part of the funeral or ceremony. 

20 SEC. 4. PROHIBITION ON PICKETING AT FUNERALS OF 

21 MILITARY PERSONNEL. 

22 (a) IN GENERAL.—No State or unit of local govern23 ment shall issue a permit allowing, or otherwise authorize, 

24 picketing during the funeral of a member or former mem25 ber of the armed forces. 


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1 (b) CRIMINAL PROHIBITION.— 

2 (1) IN GENERAL.—Chapter 67 of title 18, 

3 United States Code, is amended by adding after sec4 tion 1386 the following: 

5 ‘‘§ 1387. Prohibition on picketing at funerals of mili6 tary personnel 

7 ‘‘(a) IN GENERAL.—It shall be unlawful for any per8 son to engage in picketing at the funeral of a member or 

9 former member of the armed forces . 

10 ‘‘(b) PENALTY.—Any person who violates subsection 

11 (a) shall be fined under this title, imprisoned for not more 

12 than 5 years, or both. 

13 ‘‘(c) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘armed forces’ has the meaning 

15 given the term in section 101 of title 10; 

16 ‘‘(2) the term ‘funeral of a member or former 

17 member of the armed forces’ means any ceremony, 

18 procession, or memorial service held in connection 

19 with the burial or cremation of a member or former 

20 member of the armed forces; 

21 ‘‘(3) the term ‘picketing’ means protest activi22 ties engaged in by any person within 300 feet of a 

23 cemetery, mortuary, or church during the period be24 ginning 1 hour prior to the funeral of a member of 


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1 the armed forces and ending 1 hour after the conclu2 sion of such a funeral; and 

3 ‘‘(4) the term ‘protest activities’ includes, with 

4 respect to any funeral— 

5 ‘‘(A) oration, speech, or similar conduct 

6 before an assembled group of people that is not 

7 part of the funeral or ceremony, 

8 ‘‘(B) the display of placards, banners, 

9 posters, flags, or similar devices that are not 

10 part of the funeral or ceremony, and 

11 ‘‘(C) the distribution of any handbill, pam12 phlet, leaflet, or other written material that is 

13 not part of the funeral or ceremony.’’. 

14 (2) CONFORMING AMENDMENT.—The table of 

15 sections for chapter 67 of title 18, United States 

16 Code, is amended by adding after the item related 

17 to section 1386 the following: 

‘‘1387. Prohibition on picketing at funerals of military personnel.’’. 

18 SEC. 5. NONPREEMPTION. 

19 Nothing in this Act or the amendments made by this 

20 Act shall be construed to preempt any State or local law 

21 that affords greater protection to individuals attending the 

22 funeral of a member or former member of the armed 

23 forces. 


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1 SEC. 6. SEVERABILITY. 

2 If any provision of this Act, the amendments made 

3 by this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made 

6 by this Act, and the application of the provisions of such 

7 to any person or circumstance shall not be affected there8 by. 

Æ 


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