ACLU files suit on behalf of shirt maker using soldiers' names

[RamboLiberal]

Source: Arizona Republic

An Arizona T-shirt maker claims in a lawsuit that a new state law banning the use of soldiers' names in merchandise violates his First Amendment rights.

The American Civil Liberties Union of Arizona filed the suit in federal court Thursday on behalf of Flagstaff anti-war activist Dan Frazier, who has been selling T-shirts printed with the names of Iraq war casualties through his Web site carryabigsticker.com.

In the lawsuit, the ACLU argues that the names of soldiers are public record and can be accessed by anyone. They believe Frazier is being singled out because of the anti-war messages on his merchandise.

"This new law is not only an attempt to take away my First Amendment rights, but it is also an attempt to take away the rights of every American who wants to make a powerful statement about the war," Frazier said in an e-mail message.






Read more: http://www.azcentral.com/news/articles/0628abrk-tshirtsuit0628-ON.html

[HuffleClaw]

1. well, we've seen what the roberts court thinks of freedom of speech

so, its pretty clear how they'd end up ruling on this one.

[KT2000]

2. Think I saw one the shirts

It stunned me.
It was a list of soldier's names and in big print, it said "Support Our Troops - The Ones Who Are Left"

[Ian David]

3. Already got mine, AND the magnetic car sign...

Actually, I bought two of them at the same time.

Which is good, because the first one vanished within 48 hours.

http://carryabigsticker.com/bush_lied_shirt.htm

[SayWhatYo]

4. I don't have a problem with these shirts or stickers, but I ask this question...

Let's say someone created a shirt with their names on it, but some sort of pro-war type slogan... I dunno, like "they want us to continue" or "they defended our freedom'fries'" or some shit like that... What would your reaction be, would it be any different?

I asked myself this and I'm not so sure. I mean, right now I would say it's ok because it's not cool to be hypocritical. However, I'm not sure where I would have stood if such a shirt as the one mentioned above was released before the ones mentioned in the article. Not sure if that's making much sense or not... :P

[Tempest]

5. The message is not the issue

The issue is having the freedom and right to use the names on any message you want.

The ACLU has proven that it's not interested in the politics of an issue, it's interested in making sure individual freedoms and rights are not impeded by the government.

[SayWhatYo]

8. I understand the ACLU's position, but I was wondering about other's opinions...

[NashVegas]

6. Control and Use of Image

While the soldiers' actual images aren't being used, because we know generally what they did, one might be able to argue the shirtmaker is out of bounds.

Personally, I think it's highly exploitative and out of line if they didn't get the soldiers' heirs' permissions.

[proud2BlibKansan]

7. Do you think anyone is going to contact all 3577 families

and ask for permission to use their family member's name?

[hogwyld]

9. Not all, but to be truthful

Only put the names of those whose families gave permission. Because unfortunately, some of those fallen soldiers families, still support this immoral war.

[proud2BlibKansan]

10. I helped put up crosses at Camp Casey

and I am only aware of ONE family who objected to using their loved one's name.

[Rage for Order]

12. Yes, but you didn't profit from the crosses

To me, that's the difference in this case. If he was printing the shirts and giving them away for free in order to make a statement I'd support him, but the fact that he's making a profit from the use of the soldiers' names is the key element to me. If I were a family member of one of the soldiers listed on the shirt I wouldn't want him to profit from my son's (or daughter's) death, regardless of the manner in which he profited.

[junior college]

13. And so you support this law? n/t

[RamboLiberal]

11. I'd have no problem with it

It's their right as well. Someday their names will be on some wall or memorial in DC any way and no one will ask the politics of those who visit I hope.