The Arizona daily Sun is reporting that a federal judge on Wednesday permanently blocked state and local officials from prosecuting a Flagstaff man who produces and sells antiwar T-shirts with the names of U.S. soldiers killed in Iraq.
According to the report, U.S. District Court Judge Neil Wake said the shirts are “core political speech fully protected by the First Amendment.” Wake acknowledged that Dan Frazier sells the shirts. But he said the fact that an item is sold rather than given away does not strip it of its constitutional protections.
At the heart of this case are Frazier’s T-shirts, which have the words “Bush Lied” on one side and “They Died” on the other, all superimposed over the names of more than 4,000 soldiers killed in the Iraq war. This all stemming from actions of Sen. Jim Waring, R-Phoenix, who pushed through a law making it a crime to use the names, portraits or pictures of dead soldiers to market any items without first obtaining consent of next of kin. Waring acknowledged the statute, which allows an offender to be jailed for up to six months, was aimed specifically at Frazier. (Source)