http://www.digitaljournal.com/article/254123
Posted May 1, 2008 by  Samantha A. Torrence

Parents of KIA Son Seek Damages from Anti-War T-shirt Seller


Soldiers and the US Flag
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Robin and Michael Read filed a lawsuit in response to the use of their son's name on an anti-war shirt being sold for profit by Dan Frazier of Flagstaff Arizona. The lawsuit states that Frazier should not be allowed to profit by using dead soldiers' names without permission.

Dan Frazier contests that if the lawsuit is ruled in the Read's favor that it would be a violation of his free speech rights.

"We think it will be clear that this is political expression and not done for profit," said Lee Phillips, Frazier's attorney.

The Bush Lied- They Died t-shirts were on sale at Frazier's online website CarryaBigSticker.com

The Reads are seeking damages to be paid out among the surviving family members of the slain soldiers used on the t-shirt. The total amount to be paid to the heirs of the soldiers will be $4 billion in compensatory damages and $36.5 billion of punitive damages. The original lawsuit was for only $10 million but only listed the Reads has plaintiffs.

Frazier is attempting to get the case moved to Arizona where he already has the favorable ear of a Judge and is challenging an already existing law in Arizona that makes the use of a deceased soldier's name for "commercial purposes" a misdemeanor.