cnn.com - 8/21/2008
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PHOENIX, Arizona (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 ...
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Judge's ruling protects anti-war shirt
Democratic Underground Latest Breaking News —
... 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. Read more: http://www.cnn.com/2008/US/08/20/soldiers.names.ap/inde... Not bad.
Court: First Amendment Protects Advertisement of Anti-War T-Shirts With Fallen Soldiers' Names
Ace of Spades HQ —
... 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 ...
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