NSA, Its Seal, and the First Amendment

Speech, Citizenry, and the Market in real life. It seems the NSA has invoked a public law to prevent someone from making parody NSA T-shirts. The shirt displayed the seal and the words “THE NSA, The only part of the government that actually listens.” The NSA was not amused. The first site to offer the shirts stopped offering the shirts after a letter from the NSA (apparently they were able to talk about that one for now). The NSA wrote to one online outlet, “The NSA seal is protected by Public Law 86-36, which states that it is not permitted for “…any person to use the initials ‘NSA,’ the words ‘National Security Agency’ and the NSA seal without first acquiring written permission from the Director of NSA.” The company, Liberty Maniacs, has sued under the First Amendment. That case may be near settlement.

In the Liberty Maniacs case, the obvious parody should suffice. If not, I suggest that the NSA is public figure entity and so mocking it by using its name and logo (just like we use a person’s name and face) should be protected under that reasoning as well. That said, I would think that under Alvarez, most special laws regarding seals, the Olympics, and so on will need some extra explanation to stay in place.

The video below is from Cafe Press which also offers the shirts and mugs.