Obituaries in newspapers don't usually have space to include responses (i.e. a wall).
Obituaries are a notice not an invitation to discuss or debate.
If we make a criminal law that we cant harshly criticize the dead well beyond the long standing social custom (i.e. de mortuis nil nisi bonum dicendum est ) who/what decides which dead persons we can criticize/condemn (i.e. Hitler, Stalin, Mao, Idi Amin Dada, Jeffrey Dahmer, "reformed" Nazi concentration camp guards, Tonya Harding, Michael Jackson, Abe Lincoln etc..)?
Is the message: the public may comment on the dead but if it is not a nice enough comment they will be incarcerated?
Sure there are a few nut cases whose social conduct is atrocious when addressing the dead but is the problem really that prevalent that we have to criminalize a new category of unprotected speech and what kind of precedent does it create?
The perpetrator is a piece of shit thats a given...but there civil remedy...self help/public osterization...but a nasty area for legislation as it becomes too arbitrary.