Bill targeting anti-war T-shirt goes to governor (Arizona)

[deadparrot]

Source: Arizona Daily Sun

PHOENIX -- State lawmakers voted Monday to enact new laws designed to stop the sale of anti-war T-shirts with the names of dead soldiers -- a measure a veteran media lawyer says is "unconstitutional about three or four different ways."

On a 28-0 margin, the Senate agreed to make it punishable by up to a year in jail to use the names of deceased soldiers to help sell goods. The measure, SB 1014, also would let families go to court to stop the sales and collect damages.

Dan Frazier, a Flagstaff businessman who is selling the T-shirts that have caused all the fuss, told Capitol Media Services he doesn't intend to halt the sale of the $20 shirts even if Gov. Janet Napolitano signs the measure. He said it's an illegal infringement on his First Amendment rights.

Rep. Jonathan Paton, R-Tucson, a backer of the measure, doesn't see it that way. He said because Frazier is selling his shirts for a profit means it is not constitutionally protected political speech.

Read more: http://www.azdailysun.com/articles/2007/05/15/news/20070515_front%20page_2.txt

[bluestateguy]

1. Unconstitutional

Let's say some Freeper superhawk wanted to sell a T-shirt with the names of every troop killed in Iraq, including Casey Sheehan, and the shirt said, "Fight on! Never Forget those we lost in Iraq. Fight on!" That would be his constitutional right as well, never mind what Cindy Sheehan's feelings are.

There is no constitutional right to not have your feelings hurt.

[Hawkeye-X]

2. If Napiltano vetoes it, she's smart.

If she signs it, she's an idiot. That law will be challenged the moment it's signed and the ink ain't dry yet.

[RamboLiberal]

3. Napolitano needs to show guts and veto this

- BTW, you need a magnifying glass to read the names.

How about this model of an actual tractor trailer that has every victim of 9-11. Is this illegal to sell?


You can now own and proudly display your own 1:64 scale replica of the Rolling Memorial Tractor-Trailer and at the same time help fund the "Have You Forgotten... The 9/11 Rolling Memorial Foundation." 25% of the retail price from each truck sold goes directly to the foundation which has been created by John and Amy Holmgren and is overseen by family members of the victims of the 9/11 tragedy. The foundation will also contribute to the maintenance and upkeep of the Rolling Memorial Tractor-Trailer.

[blondeatlast]

10. She has senate aspirations though.

Lord Knows my state could do so much worse, but she's just this side of a DINO and has higher aspirations.

I will give her credit for being crafty, though. She may find a way to veto and come out on top.

[Longhorn]

4. I'm wearing a black dogtag with the name of a friend of my son's killed in Iraq.

The company that makes them, www.herobracelets.org, is selling the tags and bracelets to honor those killed in Iraq, Vietnam, and other wars, those currently deployed, and Purple Heart recipients. (I also wear a leather bracelet with my son's name and rank -- he's a Marine stationed in Japan.) They do send after-tax profits to the Intrepid Fallen Heroes Fund but they could just as easily be selling them for profit.

No way this proposed law is constitutional!

[PaulaFarrell]

5. so a newspaper selling for proft is not constitionally protected?

that seems to be what Paton is saying - if you're making a profit (or trying to) you can be restricted

[Eugene]

7. Newspapers that sell advertising would not be protected.

That's how I read it.

The exemption for news reports and other media
only protects works "not selling anything else."

Paton stretches the definition of commercial
speech to the breaking point.

[provis99]

6. why don't they want people to know the names of the dead soldiers?

It looks to me like Republicans are ashamed and embarrassed by those who pay the price. I say we tattoo the name of every dead soldier all over Bush and Cheney's bodies.

[Toots]

8. But I thought money was free speech

Foolish me. Only money given to Republicans is free speech..

[Robb]

9. Yeah, this is a no-brainer

I expect I'd be pissed if I supported the war and it was my son on there. But it's kinda too bad.

Ah, state reps. Flapping their wings like they paid attention in law school. :D

[nolabels]

11. Republicans trying to draw lines in the blood soaked sand of Iraq

Last time i checked the whole Iraq debacle was brought about with Republicans in charge and pulling all the levers. This akin to rubbing the dogs nose in his own mess after he dropped it on the carpet

[Chemical Bill]

12. This could go far.

>Rep. Jonathan Paton, R-Tucson, a backer of the measure, doesn't see it that way. He said because Frazier is selling his shirts for a profit means it is not constitutionally protected political speech.

So swiftboat books are not free speech? So O'Liely is not free speech? I'd give away the t-shirts if Faux News had to shut down. That's a trade off I'd be willing to make.

The only trouble is that The Washington Times would still be printed, as Moon has to subsidize it, it makes no profit.

How about you only have to prove it true to sell it. Then Faux and The Moonie Times would have to shut down but the t-shirts could still be sold.

Bill

[PassingFair]

13. Great idea.

Are they going to tear THIS down, too?
:sarcasm: