What is even sadder for Phelps is if he even bothered to read the Bible he would find that Jesus was very tolerant of those who sinned (corrupt tax collectors, prostitutes, adulterers, thieves, etc) but very intolerant of hypocrites.

I'm sorry, Jesus was intolerant of all sin and tolerant of all repentant sinners. He had Pharisee friends and followers. He was intolerant of cheating, lying, stealing, hypocrisy and oppression of the poor. He was tolerant of people but told all of them to stop sinning. (Luke 5:31,32; John 8:11) Jesus knew that without repentance we will eventually all turn into that which we do.

If Mr. Phelps does not repent he will be judged for his use of scripture to promote his own prejudices just as the Pharisees will be for using scripture to promote themselves to the detriment of others. Jesus hates both sins but loves both sinners.

Assuming the facts are right (public space) and absent other facts that are recognized to limit free speech (time, manner, place or inciting to riot), this is likely to be over turned. What is really sad about this is if the people at the funeral had turned en masse, charged the protestors and started a riot, then the charges might have been upheld as the 'free speech' could have been seen as an incitement to riot and thus not protected. We could have had a new example of "yelling fire in a crowded theater", "yelling God wanted your son to die because the military tolerates gays at a funeral".

What is even sadder for Phelps is if he even bothered to read the Bible he would find that Jesus was very tolerant of those who sinned (corrupt tax collectors, prostitutes, adulterers, thieves, etc) but very intolerant of hypocrites. Protesting at the funeral is not a way to show love to the sinner while you hate the sin or to win people over to Christ by showing them that you have been set apart by your actions. Phelps has been set apart by his actions, but not in a good way.