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Court: First Amendment Protects Advertisement of Anti-War T-Shirts With Fallen Soldiers' Names

Anyone who uses the names of U.S. soldiers who have died in Iraq as part of a political punch-line is subhuman scum. If they had any moral scruples, such people would be too embarrassed to show themselves in public. They are scum and barely articulate scum. But they aren't criminal scum.

Yesterday, a federal district court permanently enjoined the State of Arizona from prosecuting Dan Frazier, a man who sells "Bush Lied -- They Died" t-shirts which list the names of 3,461 soldiers who died in Iraq. The order also enjoins private citizens from suing him under a state-created cause of action for selling the t-shirts. The order is here (PDF). The statute, if you were interested, is here.

Arizona created the law last year with exactly this type of anti-war activity in mind. Florida, Louisiana, Oklahoma, and Texas now have similar laws.

The judge concludes that the marketing and sale of the t-shirts involves inextricable, core political speech. With no way to tease out the commercial activity (which may be regulated) from the political speech, the whole disgraceful mess comes under the strongest protection of the First Amendment. He doesn't go so far as to hold the statute entirely unconstitutional, just unconstitutional as applied to Frazier.

According to CNN, he is also being sued by a solders' family in Tennessee for $40 billion in damages. I can't find anything more about that case, but it's possible that there are some common law causes of action for privacy or publicity under which they could prevail.

The cure for objectionable speech is more speech. So fuck you, Dan Frazier.

Thanks to genghis.

Posted by: Gabriel Malor at 12:07 PM



Comments

1 Dan Frazier is a liberal douche, and he has no concern, no feeling, and no care for the lives of those who he is hurting and who are already suffering loss.

This self-involved preening jackass deserves to suffer loss and then to have his loss and his feelings mocked by all those around him.

Can I put that on a t-shirt?  Should find an address to mail it to this douchenozzle after I do?

Posted by: Gekkobear at August 21, 2008 12:21 PM (X0NX1)

2

As much as it disgusts me (the t-shirts and things of their ilk) I do realize that freedom of speech is something it's best not to infringe on too much (I also hate flag burning, antiAmerican "protests" and that stinking church that shows up at military funerals, or Code Pinkos yammering in front of a recruitment center).  However odious they are though, I have to protect their rights to freedom of speech.  If you try to shut them up, you only make their case that you're a fascist, right wing Nazi.

This may seem like an untenable quandary, but I think that it isn't.

If people are allowed to produce, sell, and wear crap like this, then other citizens have the right to protest it -- freedom of speech cuts both ways.  Fight fire with fire, and put them on the defensive (and badger them into showing their true, fascist colors).

We have the right (and maybe even the obligation) to protest just as strongly, within all legal outlets, the production, sale, and wearing of such shirts (kind of like the right to wear the Che Mickey shirt in response to the one's so fashionable amoungst the left).

 

 

 

 

Posted by: unknown jane at August 21, 2008 12:22 PM (/lvmU)

3 The cure for objectionable speech is more speech.

And the occasional punch to the face and knee to the nads.

After that, you simply hope to get a jury who will do the right thing.

Posted by: DrewM. at August 21, 2008 12:24 PM (hlYel)

4 I'm going to start selling my Rachel Corrie line of t-shirts featuring a bulldozer.

Posted by: EC at August 21, 2008 12:33 PM (mAhn3)

5

Hm... okay, so he can use their names... but surely some royalty payments are in order?

 

Posted by: Gringo at August 21, 2008 12:48 PM (tLgwA)

6 Are there any liability issues about using someone's name without permission?

Posted by: A. Weasel at August 21, 2008 12:50 PM (bqcfE)

7

Doesn't PETA use red dye for fur coats?   Black dye would work great for these shirts.   (-:

 

Play fire with fire

Posted by: 57th Dustoff at August 21, 2008 12:50 PM (ZrS0c)

8 If we didn't have free speech in America, how else would we be able to identify who the douchebags are.

Posted by: Lemmiwinks at August 21, 2008 12:51 PM (5GNS+)

9 In a commercial enterprise, I mean.

Gringo at August 21, 2008 12:48 PM
Curse you Gringo.



Posted by: A. Weasel at August 21, 2008 12:52 PM (bqcfE)

10 Dan Frazier: Sucker of Cock

Posted by: toby hussein 928 at August 21, 2008 01:27 PM (evdj2)

11

i am from arizona and this thing makes me sick.

i long for the old days of good ole' arizona justice where they would beat the shit out of him with shovels and pickaxes then throw him into a pile of cholla cactus.

i hope he gets sued in tennessee for $40 billion, goes bankrupt and has to do gay beastiality snuff films just to afford top ramon for dinner.

Posted by: HAHAHA at August 21, 2008 01:52 PM (rYaSa)

12 Somewhat related:  I recently saw a white van with La Raza painted in nice, cheerful letters on the sides while driving down the highway (in Texas).  My first thought was, "So... do I run 'em off the road and shoot 'em?"  But as much as I'm a fan of the Needs Killin' defense, I had to allow that people have a right to be assholes.  Plus it's possible there were actual U.S. citizens in the van.  Well, a non-zero chance, anyway.

Posted by: Cautiously Pessimistic at August 21, 2008 02:41 PM (ltwze)

13

No, pink dye.

Hmm, interesting thought -- paying royalties and infringement upon personal property; something to look into for the families I should think.

I think it's time for the there to be another line of t-shirts, name names perhaps -- after all, if it's sauce for the goose...

 

Posted by: unknown jane at August 21, 2008 02:46 PM (/lvmU)

14 While Frazier may have a right to 'free speech", I would think that it would end when he makes a buck off the name of deceased person without their prior consent. Wonder what the good judge would say should I walk into his courtroom with "Bush Lied" on the front and "Judge Wake Is an Ass" on the back. Want to bet the judge would consider that "free speech"?

Posted by: GarandFan at August 21, 2008 02:55 PM (eJ32B)

15 Heaven Forbid, but if my stepson should end up this way and frazier puts his name on a t-shirt. Frazier gets a visit from me and then a trip to the hospital.

Posted by: GM Cassel AMH1(AW) USN RET at August 21, 2008 02:56 PM (+rpJq)

16

The Thunder Run has linked to this post in the - Web Reconnaissance for 08/21/2008  A short recon of what’s out there that might draw your attention, updated throughout the day...so check back often.

http://thunderrun.blogspot.com/2008/08/web-reconnaissance-for-08212008.html

Posted by: David M at August 21, 2008 03:19 PM (gIAM9)

17 GM Cassel AMH1(AW) USN RET

God forbid you find yourself in that position but I'm in for the bail money.

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