I 112th CONGRESS 1st Session H. R. 3755 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.

Short title

This Act may be cited as the Freedom to Mourn in Peace Act of 2011.

2.

Findings

Congress makes the following findings: (1)The greatness of America is measured in many ways but nowhere is it better reflected than in the costs paid by the men and women who voluntarily assumed the risk of defending the freedoms guaranteed by the Constitution and who, without reluctance or mental reservation, made the supreme sacrifice for their country. (2)It is altogether fitting and proper for the friends and families of those fallen in battle to be able to mourn their loss in peace and take comfort and pride in the consolation that comes from the certain knowledge that they laid so costly a sacrifice on the altar of freedom. (3)That to secure this temporary but hallowed moment of peace, reflection, and healing, it is appropriate to place reasonable restrictions on those individuals and groups who seek to use the occasion of a funeral, burial, or memorial service of a veteran to stage a public demonstration intended to turn a private gathering of private persons into a public spectacle for the unconscionable purpose of attracting public attention and gratuitously inflicting unnecessary emotional pain on the deceased veteran’s families and friends. (4)Funerals, memorial services, and bereavement ceremonies are special events warranting special respect for the deceased and due regard for the emotional well-being of the bereaved whose memories of the final moments before their loved one is laid to rest may be permanently stained were the occasion allowed to be exploited by others for the purpose of attracting public attention by the intentional infliction of emotional distress on the loved ones of the deceased. (5)The First Amendment that veterans risked their lives to defend and preserve is broad and strong enough to protect vigorous and robust public debate on public issues and generous enough to accommodate the natural desire and need of relatives and loved ones to be free to mourn their loss in peace.

3.

Prohibition on demonstrations where funerals, memorial services, and ceremonies for veterans are held

(a)

In general

Section 2413 of title 38, United States Code, is amended to read as follows:

2413.

Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held

(a)

Prohibition

No person may carry out— (1)a demonstration on the property where a funeral for a veteran is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held; or (2)with respect to such a cemetery or other property on which a funeral is held, a demonstration during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which demonstration— (A)(i)takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery or other property; and (ii)includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral; or (B)is within 1,000 feet of such cemetery or other property and impedes the access to or egress from such cemetery or other property, if there is visible, at each place that is at the applicable distance specified in this sentence from such cemetery or other property, a sign which clearly and conspicuously states that a funeral will be held on such cemetery or other property and so states the time interval during which the funeral will be held.(b)

Definitions

For purposes of this section: (1)The term demonstration includes the following: (A)Any picketing or similar conduct. (B)Any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral. (C)The display of any placard, banner, flag, or similar device, unless such a display is part of a funeral. (D)The distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral. (2)The term funeral includes a memorial service or any other bereavement ceremony honoring a veteran.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by striking the item relating to section 2413 and inserting the following new item: 2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held. .