Federal Ruling Protects Arizonan Using Dead Soldiers To Sell T-Shirts
PHOENIX (AP) - A federal judge on Wednesday permanently barred Arizona from using a state law to prosecute an online merchant who sells shirts that list names of thousands of troops killed in Iraq.
U.S. District Judge Neil Wake did not strike down the 2007 law against selling products that use of military casualties’ names without families’ permission. But he ruled that using the law to prosecute Dan Frazier would violate the Flagstaff man’s First Amendment rights because his “Bush Lied—They Died” shirts are “core political speech.”
“It is impossible to separate the political from the commercial aspects of that display,” Wake wrote. “For example, the state argues that Frazier can sell his shirts without displaying the soldiers’ names. But Frazier’s product is his message, and his customers’ message.”
Arizona’s law was enacted with little debate by the Legislature, and Louisiana, Oklahoma and Texas have enacted similar laws.
A spokeswoman for Arizona Attorney General Terry Goddard said Goddard’s office was reviewing the ruling and did not immediately know whether it would appeal.
“I always knew the Constitution was on my side,” Frazier said in a statement released by the American Civil Liberties Union.
Lee Phillips, a Flagstaff lawyer who represented Phillips on behalf of the ACLU, said it still could be possible to use the law to prosecute a person in a case without political circumstance or motivations.
Citing First Amendment concerns, Wake last September had issued a preliminary injunction against enforcement of the law against Frazier while the lawsuit was pending.
The ACLU is also defending Frazier in a pending lawsuit filed against him in federal court in Tennessee by a couple whose soldier son was killed in Iraq. Robin and Michael Read of Greeneville, Tenn., have asked that their case be expanded to cover more than 4,000 casualties and seek more than $40 billion in damages.
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“A spokeswoman for Arizona Attorney General Terry Goddard said Goddard’s office was reviewing the ruling and did not immediately know whether it would appeal.”
August 20th, 2008 at 7:07 pmGoddard is a HUGE HUGE Lib Democrat. The appeal is already dead. ACLU again. I wonder if they would appeal if it was dead ACLU members.
Did the justice system fuckheads consider for one second the dead troops’ families?!
Anyway we can help donate to their lawsuit?
August 20th, 2008 at 7:08 pmMuch as I detest this war profiteer, his freedom to do this should be protected. I just wish the ACLU would help out, say, pro-lifers, or conservative think tanks (with their IRS audits under Clinton), or college conservatives, or….
Well, too bad the ACLU almost always helps out only the bad guys.
August 20th, 2008 at 8:05 pmI swear to god that I will fuck up someone I see wearing that shirt with out the permission of those fallen heroes……and I know none have permission.
August 20th, 2008 at 9:12 pmAll we families have left are our memories and their names.. now we don’t even have their names. They can use my son for what ever sick stupid cause they want. Things I know he wouldn’t stand for at all. They can make money from his spilled blood. And I just have to let it happen. Thanks Judge for taking my son away from me again.
August 21st, 2008 at 5:02 amNow that I have calmed down a little….
There was a federal law introduced in July of 2006. The “Military Fallen Heroes Protection Act” (H.R. 5772)It was introduced by U.S. Representative Charles W. Boustany, Jr. (R-LA) and U.S. Representative Geoff Davis (R-KY) It’s sitting in committees. We need to get this passed. By using a soldiers name for political reasons you are speaking for that solider and our fallen heroes should not be a means for others to profit.
August 21st, 2008 at 5:17 am