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Thursday, July 12, 2007
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Pissing On The Constitution

Arizona has joined several other states in banning the sale in the state of a shirt with a particular political message.  It doesn't matter what the message is.  People in power have decided that they don't like what some people are saying, so they don't want you to say it anymore.  Even if you disagree with the message of the shirt, and singles to C-Notes says that the majority of people who read my blog do... what will they decide to ban next?  They might come after something you agree with next.  And if they do, who will back you then?  That's the whole point behind the 1st Amendment.  It's so damn clear that it should be beyond debate, and yet we continue to have to argue it every single day.

Makes me want to scream.  Via Hit & Run.

Update:  The Volokh Conspiracy takes a closer look at the real legal ramifications and constitutionality if you're interested.

# Posted at 10:23 AM by Nick  |  Comment Feed Link 3 Comments  |  No Trackbacks

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Thursday, July 12, 2007 12:05:34 PM (Central Daylight Time, UTC-05:00)
Isn't using someone else's name to promote your cause, like, libel or something?

Those soldiers don't have the option of deciding they don't like their names on the shirt, anymore.
Thursday, July 12, 2007 12:22:31 PM (Central Daylight Time, UTC-05:00)
Incidentally, I do see your point. I'm just saying, there may be a legal reason for banning them, other than just for very poor taste.
Thursday, July 12, 2007 1:24:48 PM (Central Daylight Time, UTC-05:00)
I don't think you can make a libel case. Libel involves a lie about a person. They're not lying about the fact that the soldiers are dead. And names can not be generally be trademarked or restricted. You can make a case for images of the soldiers (I think there is case law around that), but that's not the case here.
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