Posted on 08/15/2005 1:23:16 PM PDT by Jackson57
Track down family members who object to their loved one's name being used in this manner. That's the hardest part. It is also quite sensitive. Asking the families to complain, or preferably allow another to complain on their behalf, might simply remind them of their pain and could backfire. Probably not a good idea as it may simply compound the left's obscene intrusion into private grief.
The best way would be to identify relatives, who have already made it clear that they disagree with Sheehan. There are some press reports identifying such people. Using www.switchboard.com or other data bases, one could locate the individuals and contact them.
Then find an attorney in Texas willing to represent the families, preferably on a pro bono basis, at least initially. Have him draft a cease and desist (C & D) letter (also known as a "snotgram" among lawyers). The letter should demand that the designated fallen troops names not be used to support an agenda that was anathema to the way the troops lived their lives and lost their lives.
The lawyer would have to state the grounds for the objection and that might vary depending on which state the relatives lived in. "Intentional infliction of severe emotion distress" is a possible claim. Violation of a "right of publicity" is also a possible claim. There could also be claims for violations of the Federal Lanhem Act (and similar state laws), based on a contention that the use of the names was a false representation in commerce in that it impliedly or expressly represents that the deceased troops would or did support, endorse, or encourage the anti-war movement. Those claims might give plaintiffs standing to sue, even if they're not related to any deceased troop listed on the leftists' grave markers.
First amendment implications MAY restrict any ability to proceed on those claims.
A clever attorney can probably assert at least pausible claims against the use of names on markers without permission. If the leftists refuse to cease exploiting the names of the war dead, a law suit could be filed and possibly could be made into a class action law suit.
Whereas an attorney might send the C & D letter pro bono (i.e., free), he would probably want to be paid if any lawsuit is filed. (However, an attorney might do it for free if there was sufficient publicity to make it worthwhile for his long-term business and/or he believed strongly in the cause.)
Complicating the matter would be conflicts of law and choice of law considerations. For example, an aggrieved family living in Tennessee might want to assert Tennessee law applied to their situation because the harm to them was occurring in TN. In contrast, CA families might claim that CA law applies in their case because the harm to them occurs at their residences in CA. The leftists might try to assert that Texas law alone applies to all the claims.
Nothing in the above shall be construed as a legal opinion or the offering of legal advice. Persons should contact their own attorney if they wish to receive legal advice that they can rely on.
See post #5
John, I went into a little more detail above about some legal things that might be tried.
Your approach is more direct, but I would be surprised (pleasantly) if the leftists let you paint over the signs. Also, I would be reluctant to take any action without agreement from the leftists, a court order, or a police officer on the scene approving the painting over of the names.
That's what I get for not reading all the replies first.
Since this takes place on public property, any citizen has the same right of access. So, no court order is required, if the local Sheriff is with us. And I think that the signed originals of the letters of authority from parents of named soldiers would acquire that cooperation.
John / Billybob
Sounds like an outstanding plan.
I salute you, Sir! An outstanding effort.
Freepmail me if you go. I'm 60 miles from Crawford (near Fort Hood) and can round up recruits. God bless you.
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