Charleston Council bans protests at Emanuel AME funerals

The Charleston City Council has unanimously passed a temporary ordinance that bans protests or picketing at funerals in advance of services this week for the nine people slain at a historic black church.

The ordinance passed Tuesday evening states that no one may protest or picket within 300 feet of a church or other building holding a funeral, memorial or burial for one hour before and one hour after the service, accordin to an Associated Press report. Mayor Joe Riley said at the meeting that police recommended the ordinance after receiving information that a group may want to protest at one of the funerals.

Police Chief Gregory Mullen declined to say what group or groups may want to protest. He said the information about protests wasn't related to the Confederate flag debate.

Several media outlets have reported in the past week that controversial Westboro Baptist Church planned a protest. The Westboro church of Topeka, Kan., has used the hashtag, “God sent the shooter,” multiple times on Twitter following the tragedy. In response, online hacktivist group Anonymous says they will retaliate in person and online if Westboro church members attend any of the funerals, PBS and other outlets have reported.

S.C. Press Association lawyer Jay Bender said a portion of the Charleston ordinance might be unconstitutional.

Such ordinances must be “content-neutral,” Bender told The (Charleston) Post and Courier, meaning they must apply to everyone and are not based on a person’s views on a particular issue. The prohibition on picketing is constitutional, because it applies to everyone, Bender told the newspaper. But the prohibition on protest activities may not be constitutional because it is “content-based.” Some people would be allowed within in 300 feet, just not those deemed protesters.

This story was originally published June 24, 2015 at 9:59 AM.