I think I have an answer to this.

The so-called Reverend Phelps won this case because he was protesting on public ground. The 1st Ammendment clearly covers cases like these. I mean, it's easy to support the Free Speech rights of those that one agrees with. It's the reprehensible views of those like Phelps or, back in the day, the Illinois Nazi Party.

I wonder if we could solve this problem with a simple little bit of paperwork.

That is, when a funeral is taking place, legally RENT the grounds to the family of the deceased. That way, it is no longer PUBLIC grounds but a PRIVATE function which means that Phelps and his deluded apostles can be legally evicted from the grounds. If they persist, THEN they can be sued for tresspassing, etc. Under THOSE circumstances, the 1st Ammendment does NOT apply.

I'm also wondering if "hate crime" legislation could be used against them. Courts don't seem to have a problem restricting Free Speech in THOSE cases..