News-Info-Alerts

To: ALL

From: Bob Necci & Carol Hrdlicka, Andi Wolos
(POW-MIA FaxNetwork)

Re: Free Speech & T-Shirts On The Mall

Date: August 20, 1997

For Release - The Last Firebase

Reference: Recent Appeals Court Ruling Upholding Ban On Sale Of Expressive T-Shirts On Federal Land

POW/MIA Activists On Federal Land Plan To Begin Giving Away Expressive T-Shirts Purchased Through Sale Of Books

Time: 11 a.m., Monday, August 25, 1997.
Location: The Last Firebase POW/MIA Vigil in front of the Lincoln Memorial and adjacent to the Vietnam Veterans Memorial.
Contact: Ted Sampley at (919) 527-0442.

Effective Sunday, August 24, 1997, the National Park Service will begin its ban on the sale of expressive T-shirts within National Park Service areas.

The United States Court of Appeals for the District of Columbia Circuit recently upheld on August 8, 1997 the constitutionality of the National Park Service's ban on the sale of expressive T-shirts, which is being challenged by the nonprofit Last Firebase Veterans Archives Project and six other nonprofit groups.

Since The Last Firebase began its 24-hour POW/MIA vigil near the Lincoln Memorial in 1986, POW/MIA activists have raised funds needed to run their organization and produce literature by selling POW/MIA bracelets and T-shirts.

As a direct result of the sale of bracelets and T-shirts, activists have been able to distribute free to the public POW/MIA related books and pamphlets.

In the court ruling dated June 6, 1997, the Court of Appeals said "the very billboard characteristics of the T-shirt--its eye catching nature--make its display for sale and sale on parkland a particularly discordant interruption of the park's tranquility." The court also said that although the sale of books and bumper stickers is still allowed, the First Amendment does not protect the right to sell expressive printed materials on public land.

However, the court also said "there is nothing to stop appellees from giving away their expressive T-shirts on the Mall."

Monday August 25, 1997 at 11 am, POW/MIA activists (in the spirit of the recent Appeals Court ruling) plan to reverse their long standing policy of giving away books and literature purchased with the proceeds from T-shirt sales and begin selling books and pamphlets in order to give away their POW/MIA bracelets and veteran related T-shirts.

Park Service officials have let it be known that they do not agree with the Court of Appeals on the activists' right to give away T-shirts and have warned through the Park Rangers that the permits of any individual or organization found to be giving away T-shirts will be revoked.

Point of interest: private contractors such as Guest Services, Inc. and nonprofit groups like The Parks and History Association which are sympathetic to Park Service points of view have been exempted from the T-shirt ban.

For example, Guest Services sells T-shirts in a kiosk adjacent to the Lincoln and Korean War Veterans Memorials. The nonprofit Parks and History Association is being given special privileges and will be allowed to continue to sell tourist related items inside the Washington, Lincoln and other memorials.

If ridding the Mall of commercial intrusion is the Park Service's goal, then why is the Park Service giving special privileges to their pet vendors and nonprofit groups?

Also, could not any level of government, whether federal, state, county or city, use this ruling (the right to sell expressive materials on federal controlled lands is not guaranteed by the Constitution) as a reason to ban an unpopular newspaper or magazine from setting up its ugly and "discordant" looking vending machines on public property.

**NOTE FROM AII POW-MIA: Guest Services and other 'acceptable' outlets of T-shirts and novelty items are selling 'licensed' goods for revenue that generate royalties for those who own the copyrights. As such, they are embraced by the owners of the copyright because they are a cash cow. Look into the Three Man Statue situation folks. Notice that there is a prominent C in a circle and Frederick Hart on the base and the 'owners' of this supposedly publicly held statue/image are more than happy to bring suit against anyone who dares to infringe on their 'rights' to protect their profit generating property.