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View Full Version : The Military Fallen Heroes Protection Act of 2006 (H.R. 5772)



BigBadBrian
08-08-2006, 08:16 PM
Protect the Honor of Our Fallen Soldiers

Remember last year, when RightMarch.com traveled to Crawford, Texas to confront all of the left-wing loonies led by Cindy Sheehan, who were there to protest President Bush and the War on Terror?

One of the great men I got to know there was Gary Qualls, the father of Marine LCPL Louis W. Qualls, who saved the lives of 21 Marines and 37 Iraqi National Guard troops before falling to insurgent fire in the Battle of Fallujah. This father of a fallen hero was outraged that Cindy Sheehan's cohorts had put his son's name on one of their crosses and stuck it in a ditch to protest the war, at what they called "Camp Casey".

Gary Qualls went to Sheehan's site, yanked up his son's cross, and took it to his own site. When they put up another one, he yanked that up too, and another, and another. As a result, parents came from around the country and followed his example, and all of those crosses were put together at what came to be called "Fort Qualls". It was a magnificent sight to behold.

But the fact is, none of these parents should have had to go through what they did. Their fallen heroes should have been protected from that kind of exploitation by the radical leftists like Cindy Sheehan.

Now, they can be -- with your help.

U.S. Representative Charles W. Boustany, Jr. (R-LA) and U.S. Representative Geoff Davis (R-KY) have introduced legislation that would ban the unauthorized use of a deceased soldier's name or image for commercial or political purpose. The "Military Fallen Heroes Protection Act" (H.R. 5772) comes in response to recent commercial and political use of names and images of fallen soldiers without the expressed consent from their families.

"America's fallen soldiers, and the families they leave behind, deserve to know that their names and images will be protected from this shameful exploitation," said Boustany. "While there is no way to ever express in words the significance of their sacrifice, we have a duty to honor and protect their memories."

Boustany introduced the measure at the request of several families who have lost loved ones in Iraq, particularly the mothers of Pfc. David Burridge (U.S. Marine Corps) and Corporal Joseph Thibodeaux (U.S. Army), both of Lafayette, LA. Pfc. Burridge and Cpl. Thibodeaux were both killed in Iraq in September of 2004.

Their families were shocked and appalled to discover that the names of their sons had been printed on the back of anti-war t-shirts being sold for profit. They subsequently called on their state and federal lawmakers to prevent this unauthorized business practice. Similar legislation has been signed into law in Louisiana which makes the unauthorized use of the identity of a deceased soldier a crime.

It's about time. We need to PUSH HARD to make sure this bill is quickly made into law when Congress returns from their recess.

TAKE ACTION: It's unfortunate that the "anti-war" leftists have sunk to a new low by choosing to use the images of our fallen soldiers for their political gain. No one who is shameless enough to dishonor the memories of these brave men and women should ever be allowed to benefit from such an act, either by commercial or political means.


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Cosponsor the Boustany – Davis Military Fallen Heroes Protection Act of 2006 (H.R. 5772)


Dear Colleague:


We have recently introduced The Military Fallen Heroes Protection Act of 2006 (H.R. 5772). In the past few weeks we have become increasingly disturbed by the disgraceful use of our fallen soldiers’ names, pictures and other likenesses for commercial and political purposes.


The families of these fallen heroes must have the ability to protect the honor and memory of their loved ones after these brave men and women have made the ultimate sacrifice. Our soldiers volunteer to join the U.S. Armed Forces to preserve and protect this county and her ideals – whether here at home or around the world. We will never be able to thank them enough for their sacrifices, but the least we can do is help them protect the honor of their military service while fighting for our freedom and security.


At the request of several families who have lost loved ones in Iraq, we have introduced The Military Fallen Heroes Protection Act of 2006 (H.R. 5772). In one case, these families were shocked and appalled to discover that the names of their sons had been printed on the back of anti-war T-shirts being sold for profit. Similar legislation has been signed into law in Louisiana which prohibits the unauthorized use of the identity of a deceased soldier. Other states are following suit.


Most recently, some politicians have sunk to a new low by choosing to use the images of our fallen soldiers for their political gain. No one who is shameless enough to dishonor the memories of these brave men and women should ever be allowed to benefit from such an act, either by commercial or political means.


We hope you will join us in protecting the memory and honor of our fallen soldiers and we urge you to cosponsor The Military Fallen Heroes Protection Act of 2006 (H.R. 5772). If you have questions or would like to cosponsor the bill, please contact Michael Hare (Michael.Hare@mail.house.gov) in Rep. Boustany’s office at x5-2031.



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A BILL
To amend title 10, United States Code, to direct the Secretary of Defense to prohibit the unauthorized use of names, images, and likenesses of members of the Armed Forces.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Military Fallen Heroes Protection Act of 2006'.

SEC. 2. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF MEMBERS OF THE ARMED FORCES.

(a) Prohibition- Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:

`SEC. 987. UNAUTHORIZED USE OF NAMES AND IMAGES OF MEMBERS OF THE ARMED FORCES.

`(a) Prohibition- Except with the permission of the individual or individuals designated under subsection (d), no person may knowingly use the name, image or likeness of a protected individual in connection with any merchandise, retail product, impersonation, solicitation, commercial, or political activity in a manner reasonably calculated to--

`(1) connect the protected individual with that individual's service in the armed forces; and

`(2) convey the impression that such use is approved, endorsed, or authorized by the protected individual.

`(b) Authority to Enjoin Violations- Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.

`(c) Protected Individual- For purposes of this section, a protected individual is any person who--

`(1) is a member of the armed forces; or

`(2) was a member of the armed forces at any time after April 5, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling.

`(d) Designated Individual or Individuals- (1) The individual or individuals designated under this subsection, with respect to a protected individual--

`(A) is the protected individual, if living; and

`(B) otherwise is the living survivor or survivors of the protected individual highest on the following list:

`(i) The surviving spouse.

`(ii) The children.

`(iii) The parents.

`(iv) The grandparents.

`(v) The siblings.

`(2) In the case of a protected individual for whom more than one individual is designated under clause (ii), (iii), (iv), or (v) of paragraph (1)(B), the prohibition under subsection (a) shall apply unless permission is obtained from each designated individual.'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`987. Unauthorized use of names and images of members of the armed forces.'.

BigBadBrian
08-08-2006, 08:17 PM
Oh Yeah.... :rolleyes:

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5772.IH:

DEMON CUNT
08-08-2006, 08:41 PM
SPAM!

http://www.mallcom.com/store/fr/DVDOLD36.jpg

knuckleboner
08-09-2006, 08:39 AM
hmmmm...

i get the point. i'm just not sure i agree with it. or, if it's actually permissible in the constitution.

for commerical purposes? yeah, that's doable.

but banning me from mentioning the names of U.S. military killed in action during a political rally? i'm not sure that jibes with the 1st amendment.


true, i don't want military families to go through additional hardships. but in the end, the soldiers died for freedom, right? that has to include freedom of speech, i'd think.

Seshmeister
08-09-2006, 01:21 PM
The word hero in the US means absolutely nothing these days.

How does getting yourself shot or blown up automatically make you a hero?

Maybe you fucked up maybe you were unlucky but you're not a hero. Maybe you couldn't afford an education, join the Army without knowing what you are letting yourself into, find yourself in Iraq, you do something stupid forgetting your training and blow yourself up. Hero?

Miners who get stuck down mines are now heroes.

Bankers who are in a building that gets hit by a plane are now apparently heroes.

They should call this dumb bill 'The Copyright Protection of People who died whilst working for the Government Act 2006"

They also better better stick in a clause that the act applies to people even if they are acting illegally at the time. Just in case there is any confusion...

Cheers!

:gulp:

Seshmeister
08-09-2006, 01:28 PM
true, i don't want military families to go through additional hardships. but in the end, the soldiers died for freedom, right? [/B]

Whose?

knuckleboner
08-09-2006, 04:00 PM
Originally posted by Seshmeister
Whose?

um...ours?

not that it matters here. i'm sure the author of the legislation would agree that the soldiers are fighting for "our" freedom. great. i'd just ask, "which freedoms?"


(mind you, i totally agree that hero is used far too often, but absent other info, i'm generally ok with military personnel bearing the label. they signed up to do a job that at some point, could require them to put their life on the line in defense of somebody else. sure, individual recruits might've been really stupid and assumed they were signing up to get a bonus and a desk job, and that's all. but unless i hear otherwise, i'll back the hero label.)