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Man sues DHS and NSA over parody T-shirt cease-and-desist
upi ^ | Oct. 31, 2013

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.


TOPICS: Chit/Chat
KEYWORDS: nsa
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To: markomalley

A tee-shirt with the motto “Peeping While You’re Sleeping” is not a colorable imitation of a badge, identification card or other insignia.

It is a free-speech expression protected under the 1st Amendment.


41 posted on 11/01/2013 11:43:37 AM PDT by Skepolitic
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To: GrandJediMasterYoda

They are the product of our institutions of higher learning.

Empty headed, know nothing, rote repition of bumper sticker slogans and arguments, superficial thought and reasoning. Soon to be a valedictorian near you.


42 posted on 11/01/2013 11:56:28 AM PDT by dirtymac (Now is the time for all good men to come to the aid of their country)
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To: markomalley

You mean like when Obama used the Seal of the President of the United States with his name


43 posted on 11/01/2013 11:58:21 AM PDT by dirtymac (Now is the time for all good men to come to the aid of their country)
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To: markomalley
It`s Ok for SNL to do this but not an American citizen? Gimme a break

viz even more copied presidential seals- the symbol of the executive branch of govt

http://www.youtube.com/watch?v=bf_-IOlXKOI http://www.youtube.com/watch?v=rvot6VbWGS8 http://www.youtube.com/watch?v=C_Sp3wno4G4 http://www.youtube.com/watch?v=bnTSxONpO4o

44 posted on 11/01/2013 12:07:31 PM PDT by bunkerhill7 ((("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.)))
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To: JoeProBono

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I’d tell ‘em to kiss my ass.


45 posted on 11/01/2013 12:15:20 PM PDT by ronnyquest (I spent 20 years in the Army fighting the enemies of freedom only to see marxism elected at home.)
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To: null and void
If you don't need a t-shirt for yourself, surely you know someone who would like one as a Christmas present.

I just ordered four shirts, two of each. The have a special on today (30% off until 2 pm PST)...: )

In spite of the fact I had to replace my password, total time to order, 7 minutes.

Match that, Obama!

46 posted on 11/01/2013 12:26:32 PM PDT by publius911 (At least Nixon had the good grace to resign...)
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To: null and void
If you don't need a t-shirt for yourself, surely you know someone who would like one as a Christmas present.

I just ordered four shirts, two of each. The have a special on today (30% off until 2 pm PST)...: )

In spite of the fact I had to replace my password, total time to order, 7 minutes.

Match that, Obama!

47 posted on 11/01/2013 12:26:48 PM PDT by publius911 (At least Nixon had the good grace to resign...)
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To: GrandJediMasterYoda
"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."

You're absolutely right. If it wasn't for immature, naive and frankly stupid people like those pictured, Obama would not be in office. Just look at the adoration and the stars in their eyes. Total worship of Obama. I hope Obama and his Democrats really make them suffer in the totalitarian world they are creating. Only catastrophe, extreme suffering, privation and pain will wake those clowns up. Perhaps they are so snowed that nothing will bring them back to reality.

May ObamaCare cause intense itchy rashes on their foolish selves.

48 posted on 11/01/2013 12:50:02 PM PDT by StormEye
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To: G Larry; SolidRedState; Nik Naym; Regulator; Skepolitic; dirtymac; bunkerhill7
Responding to all who thought I was wrong in citing the law I cited...

You all are making the assumption that the Obama Administration is going to use any manner of prudence or justice in enforcing the law. Like so many other cases in the past 5 years, they use the law where it fits their agenda, twist the law into serving their agenda, and ignore the law when it is inconvenient.

The only other time I've seen this law used to suppress commerce is when the actual agency seal appeared on a commercial product without permission of the agency concerned (the rationale being that the agency did not endorse the product or want it to appear that the product is "official"). The Obama Administration twists the law into meaning that a caricature of an agency seal cannot be used in political or editorial speech.

You are right if you are outraged at this. You are right when you say that there are so many holes in the law that a truck could drive through it. But look at the target of the cease and desist order. It wasn't a major news organization. It wasn't a large corporation. It was an individual who sells product through Cafe Press.

There's a reason.

ABCCBSNBCCNNNYTWAPO have lots of corporate attorneys who would love nothing better than to litigate the DOJ into the ground. This person would likely have enough resources to pay for a ham and eggs lawyer for two or three hours. The DOJ knows that...that's why they went against him. They'll bury him and his lawyer under a mountain of paper.

They will want to create some sort of judicial history.

Bottom line: I stand by my original comment: 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.

Don't get me wrong...I don't agree with what they're doing...but they've got a basis in statute...until (if) some court tells them otherwise.

49 posted on 11/01/2013 12:56:19 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: null and void

I love a t-shirt with a good line....obviously I am going to have to buy several


50 posted on 11/01/2013 1:07:52 PM PDT by Nifster
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To: Nifster

As I sit here, I am wearing an official NSA T-shirt, purchased at the Agency gift shop a few years ago. Shortly, I’ll be wearing it into a sports bar for dinner. I’ve worn it in there regularly, and nobody has ever said anything to me. I guess it’s because I’m so menacing.


51 posted on 11/01/2013 1:26:52 PM PDT by Ax
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To: markomalley

You are absolutely right in your position.

I stand corrected.

Of course this administration has and will subvert and twist every law to achieve its twisted agenda.

What was I thinking? I apologize for thinking in the past.

Seriously.


52 posted on 11/01/2013 1:51:32 PM PDT by SolidRedState (I used to think bizarro world was a fiction.)
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To: StormEye

I know a lot of liberals at work and almost all of them are regretting their decision to vote for this fool, and all I tell them is YOU guys insisted on voting for him even though you knew damn well he was an idiot. And there reasoning is “Oh but we can’t vote Republican”...The brainwashing is insane. They would rather die than vote Repub or vote for ANYBODY, I dont care what party. The Democrats have got them like puppets on a string.


53 posted on 11/01/2013 2:08:12 PM PDT by GrandJediMasterYoda (What do we want? Time travel. When do we want it? It's irrelevant.)
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To: markomalley
Of course, you are correct regarding the law de facto. The Bill of Rights is a dead letter and can be disregarded at will.

It really was silly of me to contradict you. It's a bad habit of mine to pose constitutional objections such as I did.

Posted without any sarcasm whatsoever. Literally, and I mean literally.

54 posted on 11/01/2013 2:14:30 PM PDT by Skepolitic
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To: null and void
Ah. ha so there
55 posted on 11/01/2013 2:25:13 PM PDT by bigheadfred
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To: SolidRedState; Skepolitic

Thanks.

It is extremely difficult for all of us to remember that we are dealing with a completely lawless regime that has ZERO respect for either the Constitution or the Rule of Law. They care about one thing and one thing only...naked power.

May God have mercy on this country.


56 posted on 11/01/2013 2:27:19 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: bigheadfred

Vee haf oopdated our filez...


57 posted on 11/01/2013 2:27:38 PM PDT by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: BipolarBob

bump


58 posted on 11/01/2013 2:30:21 PM PDT by GeronL
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To: null and void

http://www.youtube.com/watch?feature=player_detailpage&v=X-2yuGgp_U8


59 posted on 11/01/2013 2:38:42 PM PDT by bigheadfred
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To: thorvaldr

Since the wording on both seals has been altered, doesn’t that obviate the *protection of seals* argument? Those aren’t the official seals.


60 posted on 11/01/2013 2:40:54 PM PDT by reformedliberal
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