Abuse and Total Exploitation of your name after death

Sandi's picture
Submitted by Sandi on Mon, 2007-10-01 22:41

Can you imagine being dead and some unscrupulous bastard has your name plastered all over tee-shirts, which he is selling in support of something you thoroughly loathed & detested. (Like having your name on a tee-shirt as an avid supporter of Hillary Clinton during her election campaign.)

Your family is outraged, they are very much aware of your strong political views. They file lawsuits and hit the courts. Only the judge temporarily blocks the enforcement of a new state law that makes it a misdemeanour to sell such items without permission of their families.

Outrageous you think?
Warning: this will probably put you in a bad mood for the rest of the day.

Judge: Use of Troops' Names Protected
By PAUL DAVENPORT

PHOENIX (AP) — Anti-war T-shirts displaying the names of slain American service members are political speech protected by the First Amendment, a federal judge ruled Thursday.

The judge temporarily blocked enforcement of a new state law that makes it a misdemeanor to sell items that use names of slain troops without permission of their families.

Flagstaff resident Dan Frazier, who sells the T-shirts with the names of nearly 3,500 troops who died in Iraq and the words "Bush Lied — They Died," had sought the preliminary injunction.

The requirement of getting permission from families amounts to a flat prohibition "given the difficulty and cost of finding, contacting and obtaining consent from the soldiers' numerous representatives," U.S. District Judge Neil Wake wrote.

Louisiana, Oklahoma and Texas have enacted similar laws.

Arizona's law was enacted last May with little debate by the Republican-led Legislature and signed in short order by Democratic Gov. Janet Napolitano.

Frazier, who continues to sell the shirts, welcomed Wake's decision but acknowledged that the outcome of his legal challenge remains undecided.

The American Civil Liberties Union of Arizona supported Frazier in filing the lawsuit. Dan Pochoda, ACLU of Arizona legal director, called the ruling a victory "from the Arizona Legislature's illegal attempt to keep speech about the human costs of the Iraq war out of the public discourse."

Margy Bons, a slain Marine's mother who has threatened to sue Frazier, said it was hurtful that Frazier ignored the wishes of service members and their families by using names without permission.

"He's not a decent human being," Bons said. "Some day he's going to meet his maker and he's going to meet a lot of unhappy people."


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No, not fair at all.

Matty Orchard's picture

But I'm afraid I just can't see 'forcing integrity' as a valid option when it comes to speech. There's a lot of speech I don't like and I especially can't stand people who try to put words in the mouths of the dead but I still think that has valid protection under the 1st amendment and I think we should stand by that.

"The only cure for bad speech is more speech”

Here, here.

Obviously you can not force integrity on scum.

Sandi's picture

Obviously you can not force integrity on scum.

The families of those soldiers who have paid the ultimate price would be better off spending their money on a similar exploitive campaign on Dan Frazier's dead family members. It is unfair on those people, but as integrity and respect do not exist in this situation, how could this be wrong?

Sorry, but I'm with the hippies on this one.

Matty Orchard's picture

People have a right to use your name as they see fit. It's kind of cynical, sure. But they have the legal right to put those names on that t-shirt.

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