Shall WE leave it for the courts to decide or shall it be as you wish? Does the soldiers family have any rights?
Unfortunately when it comes to a Constitutional issue such as First Amendment, the soldier's family does not have any rights. It is up to the Supreme Court or the Constitution/Bill of Rights to guide.
I have now been to 19 funerals in the past 4 years, just here in Kentucky and have watched Phelps as he tried his protests here. He no longer pencils Kentucky funerals onto his schedule.
How he treats folks is wrong, dead wrong but it is a worse wrong to set a precedent that has the ability to stifle free speech. Whether the protester is Phelps [and I am not sure what he is actually protesting] or Benham [wasn't he at a PRO Capital Punishment rally?], or against Walmart [sue for lost revenue?] or against Bush [my little snowflake saw your BuckFush T-shirt and asked what it meant. It warped his childhood] or against the War [your protest caused lack of support which caused my husband to get killed.] or against offshoring...
I can justify the case against Phelps. Hell, I could justify someone blowing up his church, his house, his kid's houses, his poodle [ok, not the poodle]. I think he is that evil. BUT the real question will be: did he do anything beyond what is allowed by established Free Speech precedent? If not, it has to be overturned OR it is trying to set precedent and legislate from the bench.