( CNN ) -- When men and women enlist in the military , they take an oath to support and defend the Constitution , including the First Amendment , against all enemies , foreign and domestic , and affirm that they will `` bear true faith and allegiance to the same . '' That oath is betrayed by legislation that sneaked through the House of Representatives last week and was signed into law by the president Monday . Known as the `` Sanctity of Eternal Rest for Veterans Act , '' it passed as a small piece of an otherwise unexceptional omnibus veterans ' bill . It would broadly expand existing restrictions on political protest on public land near military funerals . Notably , the ACLU of Eastern Missouri is actively litigating against similar state legislation that is far narrower in some respects . Protests can not be held within 300 feet of the cemetery , and the law bans conduct that blocks someone from entering or leaving the cemetery within a 500-foot radius . Protests are prohibited two hours before the funeral through two hours afterward . It similarly expands restrictions on protests at government cemeteries and gives people injured by the protest a right to sue . Although it covers all protests near military funerals , the law is targeted , at the Westboro Baptist Church , and that 's a First Amendment problem in and of itself . Its members believe that the wars in Iraq and Afghanistan , and the attendant casualties , are divine punishment for America 's acceptance of lesbian and gay rights . They protest outside military funerals to publicize their beliefs -- holding signs that say `` Pray for More Dead Soldiers '' and `` God Killed Your Sons '' -- but do not cause any disruption of the funeral proper . Now , as repellent as these protests are , they are a permissible exercise of the freedom of speech . If the First Amendment means anything , it 's that the government can not target a group for censorship because it disagrees with the group 's message . This legislation does exactly that . Sen. Olympia Snowe , R-Maine , introduced the bill a month after the Supreme Court ruled in Snyder v. Phelps that , as lawful speech on a public issue , Westboro Baptist Church protests warranted the highest protection of the First Amendment against state tort claims . But the imprudence of this legislation goes further . Part of the public reaction to Westboro Baptist protests , as happens with much unpopular political speech , are counterprotests . Those would likely be barred as well by the expanded law , under its `` tendency to disrupt '' language . If the counterprotests are immune from the law 's reach because the government agrees with their message , the law will be doubly unconstitutional . The issues raised by this new law are a lot like those in the dust-up after Chick-fil-A CEO Dan Cathy spoke out against same-sex marriage . I agree that Chick-fil-A should n't be celebrated as some sort of free speech hero , and if you choose not to indulge in a Chick-fil-A chicken sandwich in protest of intolerance , more power to you . But I 'm more concerned by the suggestion of a Chicago alderman that he would go so far as to block a local Chick-fil-A franchise 's building permit simply because of Cathy 's views , rather than any discriminatory policy of the chain . In some ways , a willingness to ignore the law to shut down someone with whom you simply disagree is worse than Cathy spouting off against marriage equality . Part of living in America means putting up with words with which you not only disagree but that offend deeply . This is especially true when , as in the Westboro Baptist Church case , the words actually carry a political message . The expansiveness of the new law violates this core principle . It is n't about protecting the solemnity of a soldier 's funeral ; that 's already fully protected under existing trespass , private property and disorderly conduct laws . It 's about censoring unpopular speech . That is inconsistent with the law , the Constitution and the military 's oath to the Constitution . The opinions expressed in this commentary are solely those of Gabe Rottman .
A new law expands limits on political protest on public land near military funerals . Gabe Rottman : Bill targets Westboro Baptist Church , which rallies at military funerals . WBC 's claim that troops die as divine retribution is protected by First Amendment , he says . Rottman : All political speech , even if it 's unpopular or hateful , must be protected under law .