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Dan Z. for TTAG
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From the Second Amendment Foundation . . .

The Second Amendment Foundation and Defense Distributed, the Texas firm made famous for publishing digital firearms information, have sued the U.S. Department of State and New Jersey Attorney General Gurbir Grewal in federal court, alleging violations of the First Amendment and administrative law.

Named as defendants are Grewal, Secretary of State Michael R. Pompeo, Acting Deputy Assistant Secretary of Defense Trade Controls Mike Miller and Sarah Heidema, director of Policy, Office of Defense Trade Controls Policy, in their official capacities. The case was filed in U.S. District Court for the Western District of Texas, Austin Division. The case is known as DD/SAF v. Department of State, et. al.

“Jurisdictional shell games are over,” said SAF founder and Executive Vice President Alan M. Gottlieb. “For too long these officials have avoided real judicial scrutiny. They’ve avoided the merits because they fear a real application of federal free speech protections. But no more.  Grewal can’t hide from this court’s jurisdiction and neither can the State Department.  DD and SAF look forward to finally having these officials’ years of censorship struck down as violations of the constitutional rights – both First and Second Amendment – that courts are designed to protect.”

According to the complaint, the case concerns important questions about free speech regarding the First Amendment right to speak about the Second Amendment. In this case, it involves “the modern right to speak about the Second Amendment by sharing computer files with digital firearms information,” the complaint says.

“This is about the State Department failure to enforce a contract to protect Defense Distributed and SAF’s right to engage in speech,” Gottlieb said o share digital firearms information. Evidently, he simply cannot stand the idea of SAF or Defense Distributed sharing information in favor of the Second Amendment.”

Earlier, the State Department agreed to the settlement of an earlier case, Gottlieb noted.

“In an earlier case,” Gottlieb said, “both the State Department and several states involved in the action conceded there is nothing inherently illegal about the computer files at issue. We say so in the complaint. Yet, here we are again, arguing about the publication of digital firearms information, with Grewal in the center of things because of his continued censorship efforts against SAF and Defense Distributed. His conduct could irreparably harm both entities. This has got to stop.”


The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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  1. You can’t stop the signal. The files are out there and people will continue to spread them even if DD is muzzled.

    Fuck censorship, the left, communism, Joe Biden and everyone who voted for him, and the ATF.

    • While I admire your zeal and agree with you ideologically on gun issues, saying “f**k everyone who voted for Biden” doesn’t make you/us any better than the Left when they angrily say “f**k Trump and everyone who voted for him” (such as Janelle Monae did last week).

      What we’re experiencing is a rapid descent into a societal dichotomy that has passed the point of any hope of salvation. The two camps (at this time, the best emerging titles appear to be the Patriots and the Marxists) will never reconcile without complete domination and subjugation of the other. In other words, potential war similar to the Spanish Civil War of the 1930s, the Irish Resistance (IRA) of the late 1900s, or the Islamo-Jewish struggles of the past several decades. It would not be good.

      • The left is already planning revenge against all Trump supporters, not just those who worked in his administration. Wait until they doxx voters who mailed it in. I don’t believe they will destroy a wealth of info such as who voter for their enemies.

        It’s why voting should be in secret not by mail. You are supposed to believe they destroy everything when there is so much linking a name to a choice.

        Get ready for The Purge only it won’t be a movie .

      • At this point: Who cares. We are their enemy and they will use violent tactics against us.

        Need to stop acting like there is a civil way to handle this, or the system will just “take care of it”. It’s only going to get worse and the more we prolong it the easier it is for them to target us.

    • Well according to the Libertarians. The 1st amendment doesn’t exist in internet communications and commerce. Since Libertarians believe in open borders. The laws of foreign states that conflict with the American Bill of Rights take precedence. So you don’t have a right to your first amendment on the internet according to libertarian philosophy.

      These internet companies are following the demands of foreign States taking down American speech on the internet.

      This started years ago when the internet companies took down the Muslim cartoons. Because foreign governments and foreigners outside the United States told them to.

      So no you don’t have a First Amendment right on the internet. And you really don’t have one just standing on a street corner holding a sign either.

      • That’s another reason not to vote libertarian, not that they get elected anyway. The only libertarian congressman EVER would almost always vote “present” on congressional bills.

        A vote for the libertarian is a vote for the left. We would not be in this mess if people voted for Trump instead of Jorgensen.

        • The Libertarian’s are not serious people. They care not for serious things. Their concern is butt sex and making it legal to shoot up crystal meth to improve their sexual experience in the public space. Those things they are very good at articulating in public.

          But they are terrible at articulating gun civil rights. I should have seen piles of articles about the greatness, of the closing of government schools, because of the Chinese flue. But Libertarians who have no children. and aren’t married, missed that “sailing ship”.

    • Grewal’s unconstitutional grandstanding has cost and will continue to cost DD real money, not the least of which is its legal fees. And if you read Judge Jones’ dissent in the Fifth Circuit’s denial of DD’s appeal from the denial of a preliminary injunction (in which she gave them a roadmap for why the State Department would lose on the merits based on the First Amendment), you can see why Grewal and NJ fought so hard not to have to defend this case in WDTX — any appeal goes to to Fifth Circuit, which only narrowly refused to order an injunction before, and now has 3-4 more PDT appointees.

      Grewal is going down on this, and he know it.

    • It’s to tell the feseral government where to go when they try to censor us. I know most millinials don’t give a shit about their rights but some of us do.

  2. “Boy that NRA is on fire as of late. Lots of legal challenges all.over the country.”

    “Joe, you’re confused again. The NRA is not involved”

    “Come on man! Everyone knows they are the big boy in gun right s! I’ll bring them down with a fist fight like i did 25 years ago!”

    “Ok Joe, whatever you say”

  3. Shall not be infringed! Ring a bell? Stand for your rights, or all you’ll get is what’s left!!!%


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