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.
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.
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.
You mean like when Obama used the Seal of the President of the United States with his name
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
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.
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!
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!
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.
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.
I love a t-shirt with a good line....obviously I am going to have to buy several
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.
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.
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.
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.
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.
Vee haf oopdated our filez...
bump
Since the wording on both seals has been altered, doesn’t that obviate the *protection of seals* argument? Those aren’t the official seals.
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