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Thread: Parents Sue Over Use of Slain Soldier's Name on Anti-War Shirts

  1. #1
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    Parents Sue Over Use of Slain Soldier's Name on Anti-War Shirts

    [QUOTE]PHOENIX The parents of a Tennessee soldier killed in Iraq are suing an Arizona online merchant who included their son's name on anti-war shirts that list names of troops killed in the war.

    The lawsuit filed by Robin and Michael Read of Greeneville, Tenn., accuses Dan Frazier of Flagstaff of intentionally inflicting emotional harm by including Spc. Brandon Michael Read's name on casualty lists printed on "Bush lied They died" T-shirts without permission and by ignoring a demand to remove their son's name.

    The suit seeks $10 million in compensatory and punitive damages. It also asks that Frazier be permanently barred from using Brandon Read's name.

    Frazier's free-speech rights ended when he used Brandon Read's name for profit and any reasonable person would consider Frazier's actions outrageous, said the lawsuit filed Tuesday in U.S. District Court in Tennessee.

    Read, a 21-year-old member of the Army Reserve, was killed by a roadside bomb while serving in Iraq on Sept. 6, 2004.

    The family's attorney, Francis X. Santore Jr. of Greeneville, said local court rules prohibited him and his clients from discussing the case beyond a statement in which the parents discussed their son and asked to be left alone while they let the courts "resolve this highly personal situation."

    Frazier did not immediately respond to a request for comment Wednesday.

    However, his company's web site ([url]http://www.carryabigsticker.com[/url]) says it continues to sell the shirts despite laws passed by Arizona and other states "because we believe the message is important."

    The Arizona law was enacted last year. It both generally made it a misdemeanor crime to use dead soldiers' names for commercial purposes without permission and authorized lawsuits.

    The law's criminal section was put on hold by a federal judge in Phoenix pending a final ruling on a challenge filed by Frazier on First Amendment grounds.

    In his ruling, U.S. District Judge Neil Wake acknowledged that Frazier's use of casualties names may increase the hurt of loved ones but said the shirts are political speech.

    Though the law permits Frazier to use casualties' names if he obtains permission from designated family members, that amounts to a flat prohibition "given the difficulty and cost of finding, contacting and obtaining consent from the soldiers' numerous representatives," Wake said.

    Several states, including Louisiana, Oklahoma and Texas, have enacted similar laws.

    The lawsuit's filing was first reported Wednesday by the Arizona Capitol Times.[/QUOTE]

    [url]http://www.foxnews.com/story/0,2933,352405,00.html[/url]

  2. #2
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    Just saw this as well. Disgusts me. It's okay to have a position on the war and to want to get out your "message" but don't use the names of dead soldiers.

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    The lawsuit is dead in the water. A list of the names of the dead is more than fair comment - whether the families want the names on the shirt or not.

    Frankly, its not even offensive.

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    [QUOTE=doggin94it;2499746]The lawsuit is dead in the water. A list of the names of the dead is more than fair comment - whether the families want the names on the shirt or not.

    Frankly, its not even offensive.[/QUOTE]

    WOW, I expected more from you.

    First, I assume you haven't lost a loved one in the war (and to be honest, neither have I).

    But if I had, the last thing I'd want is someone making money off his name to further his own political agenda.

    Believe it or not, not everyone believes "BUSH LIED". Why should they have to look at things that blantantly imply those deaths were in vain?

    I agree that the lawsuit doesn't have much legal ground to stand on. But to say it's not even offensive is a slap in the face of anyone who believes those soldiers fought (and died) for a noble cause.

    VERY bad taste IMO . . .

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    [QUOTE=doggin94it;2499746]The lawsuit is dead in the water. A list of the names of the dead is more than fair comment - whether the families want the names on the shirt or not.

    Frankly, its not even offensive.[/QUOTE]

    What if the t-shirt was a picture of Bill Clinton sitting behind his desk with the top of Monica Lewinsky's head visible and it said, "What were YOU doing while Al Qaeda plotted against us?" and then listed almost 3,000 names of Americans who died on 9/11. Is that okay?

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    [QUOTE=jetstream23;2499914]What if the t-shirt was a picture of Bill Clinton sitting behind his desk with the top of Monica Lewinsky's head visible and it said, "What were YOU doing while Al Qaeda plotted against us?" and then listed almost 3,000 names of Americans who died on 9/11. Is that okay?[/QUOTE]

    Yes. Stupid. But ok.

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    [QUOTE=kennyo7;2499920]Yes. Stupid. But ok.[/QUOTE]

    Stupid? Yes, as stupid as the shirt with the soldiers names. Okay? Not really, but that's just my opinion. Both are wrong. Capitalizing on death for either profit or political gain is crap in my book.

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    [quote=OCCH;2499903]WOW, I expected more from you.

    First, I assume you haven't lost a loved one in the war (and to be honest, neither have I).

    But if I had, the last thing I'd want is someone making money off his name to further his own political agenda.

    Believe it or not, not everyone believes "BUSH LIED". Why should they have to look at things that blantantly imply those deaths were in vain?

    I agree that the lawsuit doesn't have much legal ground to stand on. But to say it's not even offensive is a slap in the face of anyone who believes those soldiers fought (and died) for a noble cause.

    VERY bad taste IMO . . .[/quote]

    Thankfully, I haven't. And believe it or not, I'm not one of the BUSH LIED crowd. But this T-Shirt isn't about making money off the name of a dead soldier - its about personalizing the number of dead soldiers to make a bigger political impact (or a more attractive T-Shirt for purchasers who want to make that impact). The name of their son and the fact that he died while serving in Iraq is a fact that these people simply can't own and can't complain about others using.

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    [quote=jetstream23;2499914]What if the t-shirt was a picture of Bill Clinton sitting behind his desk with the top of Monica Lewinsky's head visible and it said, "What were YOU doing while Al Qaeda plotted against us?" and then listed almost 3,000 names of Americans who died on 9/11. Is that okay?[/quote]

    If it's a cartoon and not an actual picture (since you'd have likeness rights issues) then absolutely.

    On the other hand, Clinton could probably sue for libel (though he'd likely lose on the grounds that he's a public figure and couldn't prove malice), and I'm not sure you want to buy that problem.

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    [QUOTE=jetstream23;2499923]Stupid? Yes, as stupid as the shirt with the soldiers names. Okay? Not really, but that's just my opinion. Both are wrong. Capitalizing on death for either profit or political gain is crap in my book.[/QUOTE]

    Stupid b/c you are placing the blame for 9/11 on Clinton.
    Nobody is capitalizing on death, especially when they are calling for an end to war and the safe return home of our soldiers who have needlessly been put in harms way. A soldier will never question the mission, that is not their job, that is our job.

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    Tough one, I don't agree with the guy using the name of a soldier if the family doesn't want him to but it is free speech but then again he is doing to make money not just get his point across. I think the family might win if they could get it into a high enough court but then that would start a landslide of censorship on what can be on a shirt, poster, cd case, ect. I have a shirt that looks like a old rock tour shirt but it says the number of kids killed in school shootings but not their names and ages, the guy could still get his point across without using names.


    [IMG]http://de.fishki.net/pics2/foootb.gif[/IMG]

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    He is reaping in the rewards by using a dead soldiers name without the family consent. Who the hell cares what we think!

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    [QUOTE=MnJetFan;2500044]He is reaping in the rewards by using a dead soldiers name without the family consent. Who the hell cares what we think![/QUOTE]

    And hopefully our soldiers will reap the rewards of what guys like this one are doing.

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    [QUOTE=kennyo7;2500085]And hopefully our soldiers will reap the rewards of what guys like this one are doing.[/QUOTE]

    Making profit off of other peoples suffering?

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    [QUOTE=kennyo7;2500085]And hopefully our soldiers will reap the rewards of what guys like this one are doing.[/QUOTE]

    It is about respecting a family's privacy. Nothing More Nothing Less. Why not use Cindy Sheenan son, she certainly has!

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    [quote=MnJetFan;2500344]It is about respecting a family's privacy. Nothing More Nothing Less. Why not use Cindy Sheenan son, she certainly has![/quote]

    Nothing about the fact that their son died in combat in Iraq is private.

    In fact, not one person wearing or seeing the shirt would likely have paid any attention to their son's name in particular if not for this lawsuit.

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    These people who protest the war in idiotic ways are almost worse than the terrorists themselves. Check out this anti-war protester...

    [QUOTE]
    [B]Bush Heckler Arrested After Punching Wheelchair-Bound Girl[/B]
    Thursday , April 24, 2008

    A man heckling First Lady Laura Bush and daughter Jenna outside the 92nd Street Y was arrested after he punched a wheelchair-bound girl whose parents had told him to shut up, authorities said Wednesday.

    German Talis, 22, was shouting obscenities at the Bushes, who were leaving the building Tuesday, when he crossed paths with Wendy and John Lovetro and their daughter Maureen, 18, who has cerebral palsy.

    They had been in the audience to hear the Bushes talk about their children's book, "Read All About It."

    "He began yelling about Iraq and Iran at Jenna Bush. She was waving at the crowd. I told the guy, 'What are you doing? Shut up. This is about a child and books,' " said John Lovetro. "He was unperturbed. I said, 'Get out of here! You're being a moron!' "

    The next thing he knew, Talis was allegedly punching Maureen, a fan of the first lady since meeting her in 2004.[/QUOTE]

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    [QUOTE=jetstream23;2501383]These people who protest the war in idiotic ways are almost worse than the terrorists themselves. Check out this anti-war protester...[/QUOTE]

    So this guy is representative of everyone who is against the war? Just like those soldiers that raped their fellow female soldier. All soldiers are rapists, right?

    But you're right...punching a handicap kid is definitely worse than killing 3,000 people. You hit that nail on the head...:rolleyes:

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    [QUOTE=doggin94it;2499933]Thankfully, I haven't. And believe it or not, I'm not one of the BUSH LIED crowd. But this T-Shirt isn't about making money off the name of a dead soldier - its about personalizing the number of dead soldiers to make a bigger political impact (or a more attractive T-Shirt for purchasers who want to make that impact). The name of their son and the fact that he died while serving in Iraq is a fact that these people simply can't own and can't complain about others using.[/QUOTE]

    yes, they can. you can't use someone else to endorse something without their consent. in this case, it is endorsing an anti-war t-shirt and the family has the right to say no. by selling a t0shirt for profit and using dead soldiers name to make money, you are using them to endorse your product, which is a no no.

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    [QUOTE=Zombo;2501906]yes, they can. you can't use someone else to endorse something without their consent. in this case, it is endorsing an anti-war t-shirt and the family has the right to say no. by selling a t0shirt for profit and using dead soldiers name to make money, you are using them to endorse your product, which is a no no.[/QUOTE]

    A Big Ditto!

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