WASHINGTON D.C. - U.S. Congressmen Dan Boren reintroduced legislation this week in the House of Representatives to protect our troops and their families from commercial exploitation. H.R. 2304, the STOP Act or the Soldiers Targeted by Offensive Profiteering Act, prohibits the commercial use of soldiers’ names and images without permission from the service member, or his family if the soldier is deceased.
“There should be measures in place to protect fallen soldiers and their families from exploitation,” Boren said. “They gave their lives for this country. Their memory deserves to be treated with some common decency. Their families should not have to fear someone trying to turn a quick buck off the memory of their loved one.”
The bill directs the Secretary of Defense to prohibit the unauthorized use of names and images of members of the Armed Forces, and designates the Attorney General as responsible for enforcing the provisions. The STOP Act will not create a crime, but would provide relief to plaintiffs in the form of an injunction. Punitive actions would be available through contempt of court proceedings if the injunction was violated – which is a process administered by the courts.
“Regardless of how someone might view our ongoing military efforts in Iraq, Afghanistan, and around the globe, I think we can all agree that profiting from a soldier’s sacrifice is inexcusable,” Boren said. “These men and women are just doing their job, and I know Americans and Oklahomans are grateful for it.”
In December 2007, Congress passed H.R. 1585, the FY 08 Defense Authorization Act, which included language that strongly supported U.S. Congressman Dan Boren’s efforts to protect American soldiers and their families from war profiteers. That legislation instructed the Congressional Research Service, which is a department of the Library of Congress that works exclusively as a nonpartisan analytical, research, and reference arm for Congress, to thoroughly examine the issue of private profiteering from the names and images of American service men and women.
Joining Boren on the legislation in the 111th Congress as original co-sponsors are Chairman Ike Skelton of the House Armed Services Committee, Congressman Gene Taylor (D-MS), Congressman Charles Boustany (R-LA), and Congressman Michael Conaway (R-TX).
Similar legislation has been already been considered by several State Legislatures, including New York, Florida, and Arizona. Oklahoma and Louisiana have already enacted legislation to protect soldiers from the unauthorized use of their name or image. The Oklahoma law was passed in response to complaints from fallen soldiers’ families regarding the selling of items such as t-shirts and bumper stickers, which contained the names or pictures of fallen soldiers in combination with politically driven slogans.
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