Can a T-Shirt Have First Amendment Rights?

USC. Hollister. Great Western Bicycle Rally. The Sopranos. I'm With Stupid.

There are a lot of brand names, slogans and assorted other messages emblazoned on t-shirts. It is a common form of marketing, brand-building, and self expression ranging from whimsical to deadly serious. But is it covered by the First Amendment right to free speech?

Today's medianote comes from a recent Los Angeles Times article about Dan Frazier and the anti-war t-shirts he has designed and sells online. They contain the names of American soldiers who died in Iraq with the words BUSH LIED superimposed over them. Parents of some of the dead soldiers have contacted Mr. Frazier asking to have the names of their loved ones removed, and Mr. Frazier has refused. Laws have been passed in five states (including Arizona, where Mr. Frazier resides) that require permission from members of the military or their next of kin before their names can be used commercially. The American Civil Liberties Union has argued that the state laws are an unconstitutional limit on political speech. A court clash seems likely.

Gabcast! Club MediaNote #75



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