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In reply to the discussion: NSA, Homeland Security issue ‘cease and desist’ letters to novelty store owner [View all]ConservativeDemocrat
(2,720 posts)The law is clearly intended to attack misuse of government logos "with fraudulent intent".
If this guy were selling counterfiting kits, he'd be clearly breaking the law, but the law requires that the use be intended to deceive, and there is a good argument to be made that the guy making these are making a political point and no one could possibly be deceived.
It's the same exact way that U.S. entertainment can display symbols of the U.S. military or FBI in movies and T.V. programs. Nobody goes to a movie thinking that "Rambo" is a real soldier and is an official spokesman for the Army. But if FOX news put up a fake Colonel with a fake uniform denouncing Obama on one of their "news" shows, they'd be in a lot of legal trouble.
If this guy fights this, he'll win in the courts.
- C.D. Proud Member of the Reality Based Community