The parents of a U.S. soldier killed in Iraq have filed a federal lawsuit in Tennessee seeking $10 million from Flagstaff merchant Dan Frazier over his refusal to remove their son’s name from T-shirts sold on his company’s Web site. 
Sgt. Brandon Read, 21, was killed by a roadside bomb while serving in the Army’s 125th Transportation Company in September 2004. Three years later, his parents, Robin and Michael Read, learned their son’s name was included on anti-war T-shirts sold by Frazier for $22 each.
Frazier has argued that he is making a political statement, which is protected under the First Amendment. Francis Santore, an attorney representing the Reads, said it’s illegal to sell the T-shirts because Frazier is profiting from the sales and because Brandon Read was not a public figure.
“I could understand if this was a public figure or (Gen.) Norman Schwarzkopf, or if his LLC said (Gen. David) ‘Petraeus betrayed us’ or something like that – they’re public figures,” Santore said. “This boy did nothing but go overseas twice – a second time when he didn’t have to, and he died. That’s what’s so gross about this.”  
Frazier received a letter in September informing him that he did not have the family’s permission to use Brandon’s name on the T-shirts sold at http://www.carryabigsticker.com/, according to paperwork filed by the plaintiffs as part of the lawsuit.
“Your free speech, sir, ended when you began to use Sgt. Read’s name for profit, particularly when he is not here to give his consent,” the letter stated.  
The family asked for proof that Brandon Read’s name was removed from the T-shirts and set a deadline for Frazier to prove the task had been completed by Oct. 15, 2007. The deadline expired without hearing from Frazier, according to the complaint against Frazier.
In October, a federal judge in Arizona blocked legislation passed last year by the Arizona Legislature that provided civil and criminal penalties for the unauthorized use of dead soldiers’ names.  
Frazier brought the case to trial, successfully claiming the law violated his right to free speech. Frazier was backed by the Arizona Chapter of the American Civil Liberties Union in the previous court proceedings.
Frazier said he has been contacted by several family members of soldiers killed in combat in Iraq requesting names be removed from his shirts, but that the Read family is the first to file a lawsuit.
“I feel like I’m on very firm legal footing with regards to the First Amendment and that’s probably the reason that I haven’t seen any other lawsuits until this date,” said Frazier, who estimates he has sold almost 4,000 shirts.
The anger from family members of soldiers killed in combat is understandable, but misdirected, he said.
“I feel that I am on their side, in that I don’t want to see other family going through what they’re going through,” said Frazier.
He said he has no intention of removing any names from the shirts and that interest in his product has declined considerably. The shirts will likely be discontinued after a new president is selected in November and he is not worried about the lawsuit, he said.
In a prepared statement, Robin and Michael Read said they were extremely proud of their son’s service, asked for privacy and indicated their clear desire that the case not be used to advance political goals.
“We ask that any of you who are attempting to flaunt your own agenda: be it the Limbaughs and the Hannitys of the Right, or the Olbermanns and Bill Mahers of the Left, respect our wishes and not use our son as a red flag to fan your personal prejudices.
“Thus, we ask that you not contact us, or ask our attorney to make any public comment while we let the American justice system…the system for which our son fought so proudly…resolve this highly personal situation.”
The Read’s letter noted that their son joined the U.S. Army Reserves before he graduated high school in May 2001. Read was assigned to the Kingsport, Tennessee-based 629th Transport Unit several months after the attacks of Sept. 11.
Read was deactivated in late 2003, but was later reactivated on Mother’s Day of 2004 and assigned to the 125th Transportation Unit, according to the family’s statement.
He was killed while driving in a convoy near Qayyarah West, Iraq, by an improvised explosive device. Read volunteered to trade his driving duties for the more dangerous task of manning a truck-mounted machine gun when the blast occurred, according to the Associated Press.
Several defense and combat-related Web sites note Qayyarah West is a vital airfield that served as a staging ground for Iraqi air attacks against Iran during the 1980s before Americans bombed and seized it during Operation Iraqi Freedom. ?