Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
NSA Settles First Amendment Case Over Parody T-Shirt
Author: Joel N. Kreizman
Date: February 26, 2014
Key Contacts
Back
The National Security Administration (NSA) has been taking a lot of heat in recent months. Among its lesser-known battles was a First Amendment lawsuit by Dan McCall, who created a series of t-shirts mocking both the NSA and the Department of Homeland Security (DHS).
Shortly after McCall put his t-shirts up for sale on Zazzle.com, the two agencies sent cease and desist letters to the online retailer requesting the immediate removal of the merchandise, citing violations of their intellectual property rights. One of the t-shirts displayed the NSA’s official seal with the words “spying on you since 1952.” Another featured a variation of the NSA seal with the statement “The NSA: The only part of government that actually listens.” A third included a Department of Homeland Security seal, which had been altered, along with the description, “Department of Homeland Stupidity.”
In their cease and desist letters, both agencies cited trademark-like laws that specifically apply to the federal government. DHS referenced a federal statute that prohibits the mutilation or alteration of a seal of any department or agency of the United States. Meanwhile, the NSA cited a law that specifically makes it illegal to use the NSA seal or the words “National Security Agency” and the acronym “NSA” without the agency’s permission.
McCall countered by filing a federal lawsuit, which alleged that his First Amendment rights had been infringed. As set forth in his complaint, “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.”
Perhaps not wanting to add lack of a sense of humor to the long list of criticisms it has faced in recent months, the NSA recently agreed to settle the lawsuit. Under the terms of the agreement, the NSA will send another letter to Zazzle acknowledging that McCall’s t-shirts qualified as parody and “should not have been viewed as conveying the impression that the designs were approved, endorsed, or authorized by NSA.” The DHS similarly agreed to stand down, acknowledging that its own allegations were “overbroad.” In return, McCall will drop his suit.
The case highlights that taking a strong-arm approach to intellectual property (IP) disputes is not always the best course of action. IP owners must not only consider the strength of their legal arguments, but also the potential reputation harm they may suffer. This is particularly true in cases where the “big guy” is perceived to be picking on the “little guy.”
If you have any questions about this case or would like to discuss how to best protect your company’s intellectual property, please contact me, Joel Kreizman, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
NSA Settles First Amendment Case Over Parody T-Shirt
Author: Joel N. Kreizman
The National Security Administration (NSA) has been taking a lot of heat in recent months. Among its lesser-known battles was a First Amendment lawsuit by Dan McCall, who created a series of t-shirts mocking both the NSA and the Department of Homeland Security (DHS).
Shortly after McCall put his t-shirts up for sale on Zazzle.com, the two agencies sent cease and desist letters to the online retailer requesting the immediate removal of the merchandise, citing violations of their intellectual property rights. One of the t-shirts displayed the NSA’s official seal with the words “spying on you since 1952.” Another featured a variation of the NSA seal with the statement “The NSA: The only part of government that actually listens.” A third included a Department of Homeland Security seal, which had been altered, along with the description, “Department of Homeland Stupidity.”
In their cease and desist letters, both agencies cited trademark-like laws that specifically apply to the federal government. DHS referenced a federal statute that prohibits the mutilation or alteration of a seal of any department or agency of the United States. Meanwhile, the NSA cited a law that specifically makes it illegal to use the NSA seal or the words “National Security Agency” and the acronym “NSA” without the agency’s permission.
McCall countered by filing a federal lawsuit, which alleged that his First Amendment rights had been infringed. As set forth in his complaint, “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.”
Perhaps not wanting to add lack of a sense of humor to the long list of criticisms it has faced in recent months, the NSA recently agreed to settle the lawsuit. Under the terms of the agreement, the NSA will send another letter to Zazzle acknowledging that McCall’s t-shirts qualified as parody and “should not have been viewed as conveying the impression that the designs were approved, endorsed, or authorized by NSA.” The DHS similarly agreed to stand down, acknowledging that its own allegations were “overbroad.” In return, McCall will drop his suit.
The case highlights that taking a strong-arm approach to intellectual property (IP) disputes is not always the best course of action. IP owners must not only consider the strength of their legal arguments, but also the potential reputation harm they may suffer. This is particularly true in cases where the “big guy” is perceived to be picking on the “little guy.”
If you have any questions about this case or would like to discuss how to best protect your company’s intellectual property, please contact me, Joel Kreizman, or the Scarinci Hollenbeck attorney with whom you work.