Here is a good example of the bizarre priorities of "libertarian" legalists like Eugene Volokh. Mr. Volokh thinks it should be unconstitutional to prohibit picketing at funerals. But detaining and "coercively interrogating" anyone the President says is an "unlawful combatant," without court review of any kind, is fine.
In my view, anyone picketing a funeral should not expect the assistance of the law of assault and battery. Surely, the state can prevent such an offence to human decency. But it says something amazing about the "libertarian" mind that they will oppose the most common sense of regulations of their favourite freedoms, while winking at genuine tyranny.