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Judge's ruling protects anti-war shirt

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f the letter (402 posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Aug-21-08 04:30 AM
Original message
Judge's ruling protects anti-war shirt
Source: CNN.com

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 law to prosecute Dan Frazier would violate the Flagstaff man's First Amendment rights because his "Bush Lied -- They Died" shirts are "core political speech."

"It is impossible to separate the political from the commercial aspects of that display," Wake wrote. "For example, the state argues that Frazier can sell his shirts without displaying the soldiers' names. 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.
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   Replies to this thread
   surly  brettdale   Aug-21-08 04:33 AM   #1 
   Amazing on 2 Aspects  Demeter   Aug-21-08 04:35 AM   #2 
   do you know where we can find that shirt???  grannie4peace   Aug-21-08 06:38 AM   #3 
   Get it while it's current  fla nocount   Aug-21-08 06:48 AM   #4 
   good - some stuff is getting back to normal.  samsingh   Aug-21-08 02:02 PM   #5 
 
brettdale Donating Member (1000+ posts) Click to send private message to this author Click to add this author to your buddy list Click to add this author to your Ignore list Donate to DU! Thu Aug-21-08 04:33 AM
Response to Original message
1. surly
It a free speech issue. The cant ban tee shirts with peoples names can they.
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Demeter Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Aug-21-08 04:35 AM
Response to Original message
2. Amazing on 2 Aspects
First, that any legislature would pass such a ridiculous law.

Second, that any judge in BushCo would recognize the unconstitutionality of that law.
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grannie4peace Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Aug-21-08 06:38 AM
Response to Original message
3. do you know where we can find that shirt???
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fla nocount (1000+ posts) Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Aug-21-08 06:48 AM
Response to Reply #3
4. Get it while it's current
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samsingh Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Aug-21-08 02:02 PM
Response to Original message
5. good - some stuff is getting back to normal.Updated at 6:01 PM
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