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DHScomplaint

DHScomplaint

Page 1: DHScomplaint

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Number of Pages:8

Date Created:October 28, 2013

Date Uploaded to the Library:October 31, 2013

Tags:DHS, EPA, IRS, ICE, CIA


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  • demand_answers

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT MARYLAND
DAN McCALL,
Plaintiff,
NATIONAL SECURITY AGENCY and
DEPARTMENT HOMELAND SECURITY
Civil Action No.
Defendants.
COMPLAINT FOR DECLARATORY RELIEF
This action for judgment rejecting claims made cease and desist letters that
two government agencies sent online vendor T-shirts, mugs and similar merchandise.
(a) Contrary the agencies claims, images created parodist comment the
agencies juxtaposing their names and official seals, altered versions their seals, with
humorous and satirical words and images, not violate federal statutes barring use the agencies 
names and seals, those statutes are construed avoid conflict with the First Amendment.
(b) the statutes are not construed narrowly permit such use the agencies 
names and seals, application those statutes bar the speech violates the First Amendment.
The Court has jurisdiction over this action under U.S.C. 1331. The Court has
venue over this action under U.S.C. 1391(e).
PARTIES
Plaintiff Dan McCall resident Minnesota who operates the web site
LibertyManiacs.com.
Defendant National Security Agency NSA agency the United States that headquartered Maryland.
Defendant Department Homeland Security DHS agency the United
States that has facilities and conducts substantial activities Maryland.
FACTS his web site LibertyManiacs.com, McCall promotes T-shirts, mugs, posters, and
other products that display messages and images communicating his point view. Many the
images and messages use parody and other forms humor express his viewpoint.
McCall does not make his own products imprint his messages products.
Instead, has arranged with Zazzle.com, California company that imprints images provided
its customers physical products and sells them online, have his images printed articles
clothing such T-shirts and hats, bumperstickers, and other items, and sell those items
online customers who select his images, and the products which the images are printed,
from virtual storefront the Zazzle web site. McCall redirects traffic from his Liberty
Maniacs.com web site servers maintained Zazzle that people wishing express their own
opinions purchasing and displaying these items may easily so. McCall virtual storefront
also directly accessible the potential buyers http://www.zazzle.com/libertymaniacs.
McCall created design imprinted products Zazzle. The design
juxtaposed image NSA official seal with the words Spying You Since 1952 NSA
Spying Parody The NSA Spying Parody shown below imprinted ceramic mug:
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McCall also created design imprinted products Zazzle. The design
juxtaposed image altered version the official NSA seal with the words, The NSA: The
only part government that actually listens NSA Listens Parody The NSA Listens Parody
shown below:
10.
McCall also created design imprinted products Zazzle. The design
juxtaposed image altered version the official seal DHS with the words Department Homeland Stupidity DHS Stupidity Parody follows:
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11.
Products featuring the NSA Spying Parody and the DHS Stupidity Parody were
available McCall Zazzle virtual storefront beginning May 2008 and August 2011,
respectively. Products featuring the NSA Listens Parody were available McCall Zazzle virtual
storefront beginning June 2013.
12. March 15, 2011, NSA sent letter Zazzle, warning that several different images
offered several different Zazzle vendors, including the NSA Spying Parody, violated provision Public Law 86-36, U.S.C. 3613, that prohibits use [of] the words National Security
Agency, the initials, NSA, the seal the National Security Agency, any colorable imitation
such words, connection with any merchandise, impersonation, solicitation, commercial
activity manner reasonably calculated convey the impression that such use approved,
endorsed, authorized the National Security Agency (emphasis added), without the
permission NSA.
NSA pointed out that, under Zazzle terms service, vendors are not
permitted offer any item that potentially infringes any intellectual proprietary rights any
party. NSA demanded response within ten business days and threatened take appropriate legal
action Zazzle failed respond.
13. August 11, 2011, DHS sent email Zazzle, stating that various items
merchandise offered several different Zazzle vendors, including the Homeland Stupidity Parody,
contained images the DHS seal and were violation Title 18, sections 506, 701, and
1017. The email warned that any violations those sections are punishable fines and/or
imprisonment. Section 506 makes crime (1) falsely make[], forge[], counterfeit[],
mutilate[], alter[] the seal any department agency the United States, any facsimile
thereof. 
Section 701 makes crime manufacture[], sell[], possess[] any badge,
identification card, other insignia, the design prescribed the head any department
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agency the United States for use any officer employee thereof, any colorable imitation
thereof. Section 1017 makes crime fraudulently wrongfully affix[] impress[] the seal any department agency the United States, upon any certificate, instrument, commission,
document, paper with knowledge its fraudulent character, with wrongful fraudulent intent,
use[], buy[], procure[], sell[], transfer[] another any such certificate, instrument, commission,
document, paper DHS demanded that Zazzle remove [the seal] from your web site and
discontinue offering products branded with the DHS seal and those its components, threatening
that Zazzle did not comply, could face investigation the United States Department
Justice.
14. response 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 Zazzle store.
15.
McCall use images the NSA and DHS seals, whether unaltered but
combination with critical text, altered parodic form, did not create any likelihood confusion
about the source sponsorship the materials which they were available printed.
reasonable viewer likely believe that any the materials affiliated with sponsored
defendants. Nor were the seals affixed the items sold with any fraudulent intent.
16.
McCall has made fair use the NSA and DHS seals identify federal government
agencies the subject criticism.
17.
The First Amendment protects McCall use the NSA and DHS seals identify
truthfully the agencies that criticizing.
18.
McCall use the NSA and DHS seals does not violate U.S.C. 3613
U.S.C. 506, 701, and 1017, properly construed light the First Amendment.
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19. applied DHS seeking suppress the DHS Stupidity Parody, U.S.C. 
506(a)(1) and (2), which forbid any person mutilate[] alter[] the seal any department
agency the United States, unconstitutionally overbroad, violation the First Amendment.
20.
There actual controversy between McCall and NSA about whether the NSA can,
pursuant U.S.C. 3613 and consistent with the First Amendment, prohibit McCall from selling
mugs, T-shirts and other materials that display the NSA Spying Parody and NSA Listens Parody,
containing images the NSA seal either its original form altered parodically, identify
NSA subject criticism.
21.
There actual controversy between McCall and DHS about whether DHS may,
pursuant U.S.C. 506, 701, and 1017 and consistent with the First Amendment, prohibit
McCall from selling mugs, T-shirts and other material that display DHS Stupidity Parody, including image altered version the DHS seal that makes fun DHS, way expressing
criticism DHS.
CLAIMS
22.
Defendants violated the First Amendment the United States Constitution
threatening enforce U.S.C. 3613 and U.S.C. 506, 701, and 1017 forbid McCall from
displaying his NSA Listens Parody, his NSA Spying Parody, and his DHS Stupidity Parody, from
placing the Parodies products identify the targets his criticism, from selling mugs, T-shirts other items bearing those designs customers who want display the items express their own
criticisms NSA and DHS.
23.
The threatened enforcement U.S.C. 506, 701, and 1017 forbid McCall
from displaying his designs using altered versions the DHS seal identify the target his
criticism, from placing that seal products sold, not accordance with law, and
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contrary McCall constitutional rights under the First Amendment.
24.
The threatened enforcement U.S.C.A. 3613 forbid McCall from displaying
his NSA Listens Parody and his NSA Spying Parody, from placing the Parodies products
identify the targets his criticism, from selling mugs, T-shirts other items bearing those
designs customers who want display the items express their own criticisms NSA and DHS,
was not accordance with law, and was contrary McCall constitutional rights under the First
Amendment.
PRAYER FOR RELIEF
WHEREFORE, plaintiff prays the Court
Declare that McCall NSA Listens Parody and his NSA Spying Parody, using images the NSA seal, not violate U.S.C. 3613, and that McCall DHS Stupidity Parody, using image altered version the DHS seal, does not violate U.S.C. 506, 701, and 1017;
Declare that McCall NSA Listens Parody, his NSA Spying Parody, and his DHS
Stupidity Parody, using the NSA and DHS seals, are protected the First Amendment the United
States Constitution;
Declare that U.S.C.A. 3613 and U.S.C. 506, 701, and 1017 may not
enforced forbid McCall from displaying his NSA Listens Parody, his NSA Spying Parody, and
his DHS Stupidity Parody, from selling mugs, T-shirts other items bearing those designs using
the NSA and DHS seals;
Declare that U.S.C. 506(a)(1) and (2) are unconstitutionally overbroad,
violation the First Amendment, insofar they prohibit any person mutilate[] alter[] the seal any department agency the United States and
Granting such other relief the Court deems just and proper.
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Respectfully submitted,
/s/ Paul Alan Levy
Paul Alan Levy (pro hac vice sought)
Scott Nelson (pro hac vice sought)
Public Citizen Litigation Group
1600 20th Street
Washington, D.C. 20009
Tel: (202) 588-1000
Fax: (202) 588-7795
plevy@citizen.org
/s/ Ezra Gollogly
Ezra Gollogly (Fed. Bar No. 28088)
Kramon Graham, P.A.
One South Street, Suite 2600
Baltimore, Maryland 21202
Tel: 410-752-6030
Fax: 410-539-1269
E-Mail: egollogly@kg-law.com
Attorneys for Plaintiffs
October 29, 2013
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