On a 28-0 margin, the Senate agreed to make it punishable by up to a year in jail to use the names of deceased soldiers to help sell goods. The measure, SB 1014, also would let families go to court to stop the sales and collect damages.
Dan Frazier, a Flagstaff businessman who is selling the T-shirts that have caused all the fuss, told Capitol Media Services he doesn't intend to halt the sale of the $20 shirts even if Gov. Janet Napolitano signs the measure. He said it's an illegal infringement on his First Amendment rights.
Rep. Jonathan Paton, R-Tucson, a backer of the measure, doesn't see it that way. He said because Frazier is selling his shirts for a profit means it is not constitutionally protected political speech.
But attorney Dan Barr said the question of whether someone makes money is legally irrelevant. "The fact that these people died in Iraq is nothing more than a fact," Barr said. And he said listing their names on a T-shirt -- whether sold or given away -- doesn't change that....
PHOENIX -- State lawmakers voted Monday to enact new laws designed to stop the sale of anti-war T-shirts with the names of dead soldiers -- a measure a veteran media lawyer says is "unconstitutional about three or four different ways."
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