Posted on 11/01/2013 10:34:20 AM PDT by JoeProBono
BALTIMORE, - A Maryland man whose products parodying a pair of government agencies resulted in cease-and-desist orders is suing the agencies in federal court.
Dan McCall, whose LibertyManiacs.com website sells T-shirts and coffee mugs poking fun at the National Security Agency and the Department of Homeland Security, said Zazzle.com, a website that puts custom designs on T-shirts, mugs and other products, refused to sell his items after receiving a cease-and-desist order from the agencies in 2011, Courthouse News Service reported Thursday.
One of the designs alters the DHS logo to read "Department of Homeland Stupidity," while another advertises the other agency as, "The NSA: The only part of government that actually listens."
McCall, whose products are now being sold through similar website CafePress.com, filed a federal lawsuit in Baltimore saying his products make fair use of the agencies' seals "to identify federal government agencies as the subject of criticism."
The lawsuit argues it's unconstitutional for the government to forbid him to sell his products to "customers who want to display the items to express their own criticisms of NSA and DHS."
The suit seeks a declaratory judgment.
The NSA and DHS did not respond to requests for comment, Courthouse News Service reported.
Good. I hope he wins. Isn’t there any free speech anymore in nobama-Amerika?
I’m not a lawyer but this case seems pretty open and shut. The protection of the symbols are clearly meant to prevent impersonation and what this guy is doing falls clearly into the category of “complaining about the government” which is explicitly covered by the 1st amendment.
Unbelievable. We are becoming a police state every day. “The NSA and DHS did not respond to requests for comment”. So much for the “Most Transparent Administration” in history.
Satan doesn’t like being mocked.
You know the problem isn't Obama or liberals, it's idiots like this group above who keeps voting for them. That is THE #1 problem in this country.
I'm ordering a few ASAP.
They will speak for themselves as we all keep pushing to nuke Obama, Reid and Pelosi and their illegal, unworkable, stupid AHA...
18 USC § 701 - Official badges, identification cards, other insignia
Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
Again, this is a matter of selective enforcement...but it is allowed by the law. A really sharp "free speech" civil libertarian attorney could probably get this overturned, but, somehow, I doubt that one would take this case up pro bono.
Beyond that, what he’s doing constitutes parody, which is specifically allowed under the Fair Use provision of copyright law.
I betcha the Cafepress.com web site holds up better under millions of visitor hits than the Obamacare web site...
Yes as a matter of fact, nully, I do, but please stop calling me Shirley...
The courts have already ruled that parody is protected speech.
NSA should know that if they were not so busy reading email and listening to phone calls.
It’s the Streisand Effect! LMFAO!!!
“of the design prescribed “
Different design.
“Peeping while you’re Sleeping is NOT part of their design.
I have an ATF shirt with the Scales of Justice on it on the front and Reads: Alcohol Tobacco Firearms
Back reads: Got Chips?
The actual name of the agency is:
Alcohol, Tobacco, Firearms, and Explosives
Also, their official symbol is not the Scales of Justice
Walked by cops and Sheriffs with no comment.
But, I don’t push my luck and CCW while wearing that shirt.
Lynette, Katie, Leslie and Linda? (Charlie Manson’s ‘angels’)
I find the incorrect color (solid red) to be a symbolic of pro-communism.
That is highly offensive.
So, DHS and the NSA will be getting right to that?
.
” “complaining about the government” which is explicitly covered by the 1st amendment.”
—
I agree. If you can burn the flag as free speech what this gentleman did should be totally acceptable.
.
That picture gives me the creeps.
No, Really it does.
Every time I see it it gives me the creeps.
With people like that in abundance who are also allowed to vote we are screwed.
18-usc 701 is to punish those who use said to impersonate or otherwise defraud. The particular case at hand is a prody and no intellignet or even semi intelligent individual would be swayed to believe it was representing the actual item.
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