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Law shields names, images of war dead

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Posted: Friday, May 25, 2007 6:34 am | Updated: 6:49 pm, Fri Oct 7, 2011.

It is now a crime in Arizona to use the names or images of dead military personnel for commercial purposes.

Gov. Janet Napolitano on Thursday signed emergency legislation allowing offenders to be jailed for up to six months. The measure, which takes effect immediately, also gives families the right to file civil suit against violators.

The new law was passed despite a plea from the Arizona chapter of the American Civil Liberties Union to veto the measure. The organization said the law is unconstitutional.

That was also the contention of Flagstaff business owner Dan Frazier, whose anti-war T-shirts provoked the legislation in the first place.

Frazier said Thursday night he has no intention of halting sales of T-shirts printed with the names of more than 3,000 military personnel who have died in Iraq. On the front, they bear the slogan “Bush Lied,” with “They Died” on the reverse.

Frazier argued his products are not commercial in the same way as someone who sells T-shirts with the name or photograph of a pop star.

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