Free Speech T-shirt Maker Threatened By NSA, DHS Fights Back With Lawsuit

[The2ndAmendment]

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Public Citizen Press Room

In Lawsuit Filed Against Agencies, Public Citizen Argues That Attempts to Stop Production of Parody Merchandise Are Inconsistent With First Amendment

BALTIMORE, Md. – A Minnesota activist who uses images and names of government agencies on satirical merchandise is entitled to do so under the First Amendment, Public Citizen argued in a lawsuit filed today against the National Security Agency (NSA) and the Department of Homeland Security (DHS) on behalf of the merchant.

The suit, filed in the U.S. District Court for the District of Maryland, targets cease-and-desist letters sent to the merchant’s producer by the NSA and DHS.

On his website LibertyManiacs.com, Sauk Rapids, Minn., resident Dan McCall sells T-shirts, hats, bumper stickers and other items with his designs, printed by Zazzle.com – for example, a mug with the NSA seal above the words “Spying On You Since 1952” and a parodied NSA seal that says “Peeping While You’re Sleeping” above the words “The NSA: The only part of government that actually listens.”

On March 15, 2011, Zazzle received a warning letter from the NSA, and on Aug 11, 2011, it received one from DHS. The NSA said that Zazzle, by selling the merchandise, was in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

Public Citizen Litigation Group

The National Security Agency and Department of Homeland Security sent cease and desist letters to Zazzle, a company through which members of the public can have their designs imprinted on Tshirts and other merchandise, threatening litigation and even criminal prosecution unless certain parody designs be taken off the virtual storefront of an activist-entrepreneur who used versions of the official agency seals to make fun of the two agencies. Both agencies have special statutes protecting their official seals from misuse, but Public Citizen argues that neither statute can properly be applied to forbid parodies, and that, if the statutes do so apply, they violate the First Amendment.

» Free Speech T-shirt Maker Threatened By NSA, DHS Fights Back With Lawsuit Alex Jones' Infowars: There's a war on for your mind!

Dan McCall, who created several t-shirts on the website Zazzle that featured parodies of the NSA’s logo, has filed for declaratory relief, following the NSA’s admission that it sent cease and desist letters on the grounds that “misusing” the logo constituted copyright infringement. McCall, with the help of the Public Citizen Litigation Group, is also suing the DHS for sending similar letters claiming it is against the law to modify any seal of the US government.

McCall created the following designs, among others, mocking the government agencies:

 

[g5000]

“The NSA: The only part of government that actually listens.”

WANT! Where can I get one?

 

[HenryBHough]

I still have one of those "Spotted Owl Helper" boxes that were banned about 20 years ago. Wonder if it's worth much these days.

 

[g5000]

Heheheheheh. Just ordered the NSA T-shirt from Cafe Press.

 

[JakeStarkey]

Yup, this is a 1st Amendment protected item.

Tough, NSA.

 

[National Socialist]

LOL how much are they g5000?Wife's birthday is the 18th of next month...hehe she wants a WPWW shirt but might get this as well.

 

[The2ndAmendment]

Yup, this is a 1st Amendment protected item.

Tough, NSA.

Even Jake is on our side!

 

[g5000]

LOL how much are they g5000?Wife's birthday is the 18th of next month...hehe she wants a WPWW shirt but might get this as well.

With shipping, it was $33. A little spendy for a T-shirt, but it is going to get a lot of wear.

I don't wear T-shirts very often, but I am going to make an exception for this one.

ETA: http://www.cafepress.com/+nsa+t-shirts

 

[BlindBoo]

Bump.

Pretty funny and more power to them. Xmas gifts......

 

[bodecea]

That IS pretty funny! Not my style of funny shirt, but pretty good.

 

[Mr. H.]

...in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

This is fairly standard stuff. They are in violation and should stop.

 

[KokomoJojo]

...in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

This is fairly standard stuff. They are in violation and should stop.

in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency”

 

[Mr. H.]

Well I suppose it will be left to a court to decide.

 

[JakeStarkey]

No court will consider it beyond summary dismissal upon request by defense.

 

[KokomoJojo]

No court will consider it beyond summary dismissal upon request by defense.

but they are not:

convey[ing] the impression that such use is approved, endorsed, or authorized by the National Security Agency”

 

[National Socialist]

...in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

This is fairly standard stuff. They are in violation and should stop.

Soon as they stop violating the constitution and spying on us.

 

[Quantum Windbag]

...in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

This is fairly standard stuff. They are in violation and should stop.

No they aren't.

Not that you will listen to a real lawyer that actually rights briefs that get quoted in Supreme Court decisions, but I got one anyway.

The actual law that is being misquoted.

No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words “National Security Agency”, the initials “NSA”, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency.

I’m pretty sure that the T-shirt design given above is not reasonably calculated to convey the impression that its use of “NSA” is approved by the NSA, so the statute doesn’t prohibit it. (I think that, if a statute did prohibit it, the statute would be unconstitutional, because such parodic, nonmisleading uses of the logo are protected by the First Amendment, but the issue doesn’t arise here given the limitation in the statute.) If someone from the NSA did indeed try to block sale of the T-shirt, and quoted the statute the way that was later quoted by the Daily Dot, that strikes me as quite improper.

It's Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo | The Volokh ConspiracyThe Volokh Conspiracy

Feel free to pretend you didn't see this post.

 

[whitehall]

The current administration is looking more and more like the Nazi party in the 30's.

 

[Mr. H.]

...in violation of a provision of the National Security Agency Act of 1959 that prohibits the “use [of] the words ‘National Security Agency,’ the initials, ‘NSA,’ the seal of the National Security Agency, or any colorable imitation of such words … in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency” without the permission of the NSA.

This is fairly standard stuff. They are in violation and should stop.

No they aren't.

Not that you will listen to a real lawyer that actually rights briefs that get quoted in Supreme Court decisions, but I got one anyway.

The actual law that is being misquoted.

No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words “National Security Agency”, the initials “NSA”, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency.

I’m pretty sure that the T-shirt design given above is not reasonably calculated to convey the impression that its use of “NSA” is approved by the NSA, so the statute doesn’t prohibit it. (I think that, if a statute did prohibit it, the statute would be unconstitutional, because such parodic, nonmisleading uses of the logo are protected by the First Amendment, but the issue doesn’t arise here given the limitation in the statute.) If someone from the NSA did indeed try to block sale of the T-shirt, and quoted the statute the way that was later quoted by the Daily Dot, that strikes me as quite improper.

It's Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo | The Volokh ConspiracyThe Volokh Conspiracy

Feel free to pretend you didn't see this post.

hashtag windbag!

I listen to lawyers that don't have "I'm pretty sure" in their lexicon. Oh, and ones that spell correctly.

 

[g5000]

...in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency”

Only a retard would believe these are officially sanctioned NSA apparel.