informationliberation
The news you're not supposed to know...




An Introduction to Austrian Economics: Understand Economics, Understand Everything
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Oct 31 2013, 12:22 AM Category: Big Brother/Orwellian Source: Infowars Print

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

Suing agencies for violation of First Amendment rights
Steve Watson


Back in August Infowars and Ben Swann broke the story of the NSA threatening online t-shirt makers because users of their sites were creating parody shirts denouncing the agency and selling them on the internet. Now one t-shirt designer, who was specifically targeted is suing both the NSA and The Department of Homeland Security, for violating his First Amendment rights.

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:





“In response to the threatening communications from NSA and DHS raising intellectual property claims, Zazzle removed the NSA Spying Parody, the NSA Listens Parody, and the Homeland Stupidity Parody from McCall’s Zazzle store,” McCall says in the complaint.

His lawsuit further states:
Defendants violated the First Amendment to the United States Constitution by threatening to enforce 50 U.S.C. § 3613 and 18 U.S.C. §§ 506, 701, and 1017 to forbid McCall from displaying his NSA Listens Parody, his NSA Spying Parody, and his DHS Stupidity Parody, from placing the Parodies on products to identify the targets of his criticism, or from selling mugs, T-shirts or other items bearing those designs to customers who want to display the items to express their own criticisms of NSA and DHS.
The lawsuit also argues that the law regarding modifying US seals is unconstitutional, because it is too broad and infringes on freedom of speech.

The lawsuit states that it is obvious that the products in question are not created by the government agencies and are in no way affiliated with them. The NSA even admitted this recently, reversing its stance and saying that that it no longer had a problem with the parody products.

“[The] use of images of the NSA and DHS seals, whether unaltered but in combination with critical text, or altered in parodic form, did not create any likelihood of confusion about the source or sponsorship of the materials on which they were available to be printed.” the complaint notes. “No reasonable viewer is likely to believe that any of the materials is affiliated with or sponsored by defendants. Nor were the seals affixed to the items to be sold with any fraudulent intent.”

"The agencies' attempts to forbid McCall from displaying and selling his merchandise are inconsistent with the First Amendment," said Paul Alan Levy, the attorney handling the case. "It's bad enough that these agencies have us under constant surveillance, (but) forbidding citizens from criticizing them is beyond the pale."

In a blog post yesterday, Levy also criticized Zazzle for capitulating to the NSA, accepting overly broad claims from the government, and setting a precedent for taking down products in the future.

“Consumers have a right to expect companies like Zazzle to have a thicker skin when faced with preposterous demands, and to wait for specific trademark challenges, rather than policing its service…”

“Happily, Zazzle faces commercial competition from others that do get tough on frivolous threats.” Levy adds, referring to CafePress.com, which still carries the designs.

“Until Zazzle shows itself to be more energetic in responding to threats against political humor, parodists speaking about controversial subjects should consider voting with their feet by using other vendors.” Levy concludes.

McCall is also still selling the items on his own website, with the slogan: “Get the T-shirts the NSA & DHS Don’t Want You to Wear!”

The Obama administration is increasingly characterizing copyright infringement as terrorism, with SWAT teams now being sent out to deal with alleged copyright infringers. Critics have noted that the process is about creating a history of case law to establish the precedent of stamping out free speech via copyright claims.
_
Steve Watson is the London based writer and editor for Alex Jones’ Infowars.com, and Prisonplanet.com. He has a Masters Degree in International Relations from the School of Politics at The University of Nottingham, and a Bachelor Of Arts Degree in Literature and Creative Writing from Nottingham Trent University.





Latest Big Brother/Orwellian
- British Spy Chief Calls For Crackdown On Internet Freedom
- Apple May Want To Protect Your Phone Data From Snooping, But It's Snarfing Up Your Local Desktop Searches
- FBI Director Continues His Attack On Technology, Privacy And Encryption
- Florida Appeals Court Strikes Down Red Light Cameras
- Silk Road Judge Won't Examine FBI's Warrantless Server Hacking; Dismisses Suppression Motion On 'Privacy Interest' Technicality
- School Makes 5-Yr-Old Sign Contract Saying She Won't Kill Herself Nor Murder Others
- TSA Kangaroo Court Rubber Stamps TSA Fining Guy Who Stripped Naked, Completely Dismissing Court Ruling Finding It Legal
- 9/11 Activist Surrenders To Police After Cameron's UN Speech Deemed Truthers as Extremists









Comments Add Comment Page 1 of 1
Anonymous

Posted: Nov 01 2013, 5:57 PM

Link
17469 Suing the government? We'll never hear from you again.


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Video: Cop Arrests Subway Performer For Singing, Despite Cop Reading Aloud Rule Saying It's Permitted - 10/20Police Officer Blames Everyone Else But Police Officers For The Public's General Distrust Of Law Enforcement - 10/21Chicago Cops Loot Taxpayers For Settlement After Beating Woman During Raid; Video 'May Inflame Jury' - 10/2133 Police Officers Fire 600 Bullets into Car Knowing It Contained a Hostage - 10/21SWAT Officers Wrongfully Detain This Man For Filming in Public, Then it Gets Really Infuratiating - 10/22South Carolina Town Ordered to Pay Nearly $100,000 for Hiring Cop with Troubled Past who Ended up Killing Mayor - 10/21Obstruction Convictions Uncover Recordings of LA Sheriff's Dept. Officers Threatening FBI Agents And Federal Witnesses - 10/22Either Praise the Police, or Shut Up - 10/22

Rialto, CA Police Made to Wear Cameras, Use of Force Drops by Over Two-ThirdsCop Who Karate Chopped NY Judge In Throat Gets Off Scot-FreeFlorida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'Insult Person On Twitter, Go To JailSWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma InsteadCop Karate Chops NY Judge In The Throat
(more)

 
Top