On Tuesday, the Free Times in Columbia, South Carolina broke the story of the “You Lie”-inscribed assault rifle parts being sold by Palmetto State Armory to “honor” Congressman Joe Wilson, who shouted that line in his infamous interruption of President Barack Obama’s speech to a Joint Session of Congress in September of 2009. The Free Times article points out the presence of a photograph of Wilson with Armory founder Jamin McCallum on the webpage selling the part, and reports that the photo was taken during an August, 2010 visit by Wilson to the Armory.
In comments on a post I wrote in response to the Free Times story, I noted the presence of a seal in the photograph of Wilson and McCallum and wondered whether it is legal to use such a seal in an advertisement for a product, since it creates the impression of government endorsement. Getting no response to the question, I then found the relevant law (scroll down to section 713).
Looking carefully at the photograph (it is reproduced in my post from Tuesday night, Palmetto State Armory has pulled the webpage for the product), it appears to me that the seal in the photograph is this one that can be found at Wikimedia Commons. Interestingly, the usage info at Wikimedia Commons suggests that this particular seal is unofficial, since the House of Representatives and the Senate each have their own seals:
Description: Unofficial seal of the United States Congress. The Congress as a whole does not have an official seal (rather, the Senate and House have their own seals)[1], but this is still a commonly seen symbol.
/snip/
Permission: Public domain from a copyright standpoint, but other restrictions may apply. 18 U.S.C. §713 protects the Seal of the United States Congress, but as this is an unofficial seal, it is unclear whether it is protected or not. Other federal regulations probably do provide trademark-like protection.
However, looking carefully at the relevant law, it clearly proscribes commercial usage for this seal and also provides the method of registering a complaint:
Sec. 713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress
-STATUTE-
(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both./snip/
(f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;
(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;
(3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and
(4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly.
[Emphasis added]
It’s hard to see how the interpretation at Wikimedia Commons is correct. The law clearly lays out the same restrictions against commercial use and sets out the same penalties for the US Congress seal as it does for the House of Representatives seal and Senate seal.
The most likely reason that Palmetto State Armory pulled down the site for selling the You Lie AR-15 lower was the outrage that it is provoking in the wake of the Tucson shooting tragedy. Even without that tragedy, creation of this product was a staggering example of the right wing gun fetish that grips our country and is even linked to it in a very twisted way. Wilson’s intemperate outburst was during Obama’s speech outlining his planned health insurance reforms and came at the moment that Obama stated that under his plan, no taxpayer money would go to support health care for illegal aliens. Note that Congresswoman Gabrielle Giffords became a target for those stirred to violence by actions like Wilson’s after the health care bill passed, with her office being vandalized and that Judge John M. Roll also faced death threats when he presided over a case challenging Arizona’s draconian bill aimed at illegal aliens.
Palmetto State Armory stated that they would “only” sell 999 of their You Lie AR-15 lowers. One can only imagine why someone would buy such a product. Is it meant to be used in hunting down those whom the owner of the weapon believes to have lied? If so, Representative Peter King might want to re-think his proposed law, since the bullets from these weapons have a range well in excess of the 1000 foot gun-free barrier around government officials that King is proposing.
It will be very interesting to see how Joe Wilson responds to the disclosure of this disgusting product being sold in his “honor”. Note that he parlayed his outburst into a huge amount of money. He raised $1,161,187 in the 2008 election cycle pre-outburst but raked in an amazing $4,733,090 in the 2010 election cycle post-outburst. An honorable person most likely would resign in shame, but the more likely outcome is yet another round of cynical fundraising by Wilson based on his being attacked by unreasonable people who would dare to suggest that guns inscribed with the thinly veiled racism in his infamous outburst could possibly provoke an unstable person to use them in violence.



57 Comments

book ‘em Dano, altho I guess since they pulled the ad there will be no consequences
In 1860 South Carolinian James L. Petigru summed up the Palmetto State pretty well when he remarked:
“South Carolina is too small for a republic and too large for an insane asylum.”
Sadly, not much has changed in the last 150 years.
Sadly, all the attention most likely will result in them selling out the 999 parts. I’d be very surprised if they have stopped selling it; all we know right now is that they pulled the webpage where it can be bought online. We don’t know if they still sell it at their retail location and/or over the phone.
If Joe Wilson had been a Democrat, you can bet the Republican leadership would have referred him to the ethics committee for misuse of the seal whether he had anything to do with posting it or not.
It does speak to a certain lack of touch with reality to want to commemorate Joe Wilson’s demonstrably false outburst.
It’s shocking and it’s stunning thinking about the implications of this piece.
“‘You Lie’ Obama” is what he said, and this is the remedy they smile so smugly about?! It’s disgusting and shameful.
It looks like the seal is on the photo that Wilson signed to his “good friend” McCallum and Wilson’s office noted to the Free Times that the gun he is holding in the photo is not an inscribed one. So, yes, on first glance it looks like McCallum put the photo up there on the page selling the inscribed gun parts and didn’t realize that use of the seal is illegal. Maybe somebody else go look into the use of Wilson’s photo as well.
“Ignorance of the law is no excuse” runs into “IOKIYAR”… which will win? I think I know…
They’re still proud to be the first state to secede. They may be too large to be an insane asylum but they still are one.
Heard any good jokes lately?
Q: How do you get a Progressive to magically forget about America’s
illegal wars, an economic depression, lack of health care, the
gutting of Social Security, massive unemployment, and inequality
in the distribution of wealth?
A: Just change the subject to gun control!
What a discovery! This is your big chance at the media spotlight, even bigger than the Texas National Guard stuff from the 70s printed out on a computer. Better get ready for all the reporters ruining your front lawn and irritating the neighbors.
I was wondering where this theard was going too. Joe Wilson is a zero. Probably less than a zero. Who cares? Peace
right on time. I just set my watch.
That’s a part of this story. The Right and its rhetoric is a large part of this discussion as well. Perhaps the biggest part. The ban on assult weapons ran out in 2005. Another right wing wet dreaam brought to us by George W. Bush the ‘Idiot’.(Look it up in the dictionary.) “Blood libel.” Really Sarah? Peace
So I guess if this was your blog, you wouldn’t have this thread? How easy for you and how much better for us if you take the obvious solution.
Glad you’re paying attention, SirLurks. Keep on reading. Peace
English translation of Republican nailheadtom’s comment: “Oh, shit! I can’t spin or deny this, so I’ll try to distract from it. Boy, I’m glad they’re not yet talking about Palin’s abuse of the term ‘blood libel’.”
Yup. I just noted how quickly he came around to give moral support to the resident Republican troll, nailheadtom.
There you go projecting once again. You might try seeing a thing for face value content once in a while just to change things up for yourself so as not to become too bored. Peace
Which means what? Peace
Yawn
The “blood libel” rhetoric is far more important than what Joe Wilson thinks or says or does. Peace
If you don’t care, why bother commenting? Peace.
That’s not a good response. It just makes “them” more bold and less thoughtful. Peace
Sounds like you should go take a nap. Please.
Why not? It is the ‘comment’ section is it not? Peace
Peace
Which just goes to demonstrate that blog trolling is a truly bipartisan activity.
You may, at your leisure, click on my name and follow my comments back till your little heart’s content and find any example of me whining about the content. Since I’ve been commenting here since before registration was required, it might take you a while.
Still with the triteness of the false call “Peace” huh?
Go write a diary about it then. Peace.
So is it the nail in the head that makes you respond as you do?
Just tried to call them to see if they had sold out of the AR-15 lowers and what else they might be willing to engrave on a receiver. Voice message said they are not taking calls.
So much for believing in the rule of Law huh?
Serious question here. Perhaps you know Jim? What is the left and right in the US obsession with guns? And as far as that goes, the Constitution? I have never in my life seen so many people needing guns to “protect themselves” (from who Gawd only knows) or using that piece of paper Constitution as an excuse for everything. “Well it’s the 2nd Amendment…blah, blah, blah”….Do Americans actually know how ridiculous you all sound to the rest of the world when you have to constantly remind each other and your politicians of your rights? No other country does it. Why? Is it paranoia? Delusion that you won’t have any rights at all if that piece of paper suddenly disappears somehow? I don’t get it at all, and I’m sure there are millions more around the globe that don’t either.
Thank you for this article.
I’m from Arizona where guns outnumber people.
“blog trolling.” What is “blog trolling?” Expressing oneself in the comment section of some thread on some blog? Your comment expresses some ownership. The last time I check Jane owned this blog. The rest of us our her quests. Making all of us “blog trolls” on her blog. Is that what you meant to say? Peace
Thank you for your opinion. Since you have such a low opinion of us, I can’t help but wonder why you spend so much time here. Self esteem issues? Maybe it would be more productive to take your views onto a right wing blog where you might have a better chance of persuading people because it may have escaped your notice but most people here agree with you about firearms.
I am certainly glad to know that you are a charter member. So what? Try analyzing the projection part of the content of the comment. Peace
Right on Brother/Sister! Peace
I comment. I don’t write. But I’ll bet you’ve alraedy been critical of my writing so you already knew that. Didn’t you? Peace
If somebody wants to leave your soiree before the entertainment is concluded it’s quite permissible to follow them home and visit destruction on them and theirs.
Do you make any relevant comments, or are they all just sniping and disruption? Peace.
You’re right about the paranoia part. It’s what drives the war machine. The largest military budget on earth have we. Bigger than what is spent by the next 10 largest countries on earth combined. But then there IS that empire we need to keep up. Peace
Stupid and violent politicians seem to outnumber people in Arizona too. Peace
It’s the latter.
Margaret, I respect you and others on FDL’s opinions. Having said that, where did I say I have a low opinion of you or anyone else? You didn’t attempt to answer my serious question. Why? And no I’m not trolling. I would really like an answer. The US IS the only nation where it’s citizens grasp at the Constitution almost daily, as a reference for everything. Why? Like I asked above. Why? No other nation does it anywhere on the globe. Ask some of them. And if my post upset you I apologize, but honestly don’t see how it did.
The definition of a “relevant” comment, as you put it, is much like asking the question, “What is pornography?” The relevance of of “thing,” in this case a comment, means something different to each of us. Was the Christ “disruptive?” How about Malcom X? Or Gandhi? Peace
That’s your opinion. And your opinion means shit to a tree to anyone but you. Just saying. Peace
Yeah, don’t you get the picture? We already know everything we need to know. People with more money than we have are evil Republicans. People that disagree with us are evil Republicans. If the evil Republicans were gone everything would be swell. If they were gone we’d all have free health care and nobody would ever die. Nobody would ever get dirty at work, in the rare event that anybody would actually have to go to work. So don’t bring up stuff that we don’t already agree with because nothing can change our minds. We’re not in the business of learning or educating either. We’re just saying the same things over and over again until they’re true.
Truly. On the other hand we can ask people here whether my opinion or yours is more valuable to them. Care to wager on the results?
I never make supersillious (try an urban dictionary) bets. And anyway I’m not running for any office and my lack of ego forces me to not care much about what others think about me. Especially when those people generally hold such high opinions of themselves. Peace
My guess is that 70 years of permanent war backed by fear-mongering will get you some major paranoia across the political and socioeconomic spectrum. And the article of faith that is American Exceptionalism means US citizens don’t need to care what any other country thinks. Lastly, we seem to have a reluctance to examine the cons of our imperialism–we’re too busy betting the farm on the pros.
“Who are these people, these faces? Where do they come from? They look like caricatures of used car dealers from Dallas, and sweet Jesus, there were a hell of a lot of them at 4:30 on a Sunday morning, still humping the American dream, that vision of the big winner somehow emerging from the last minute pre-dawn chaos of a stale Vegas casino.” –Raoul Duke
Supersillious…. Word unknown: Learn to spell. The word is “supercilious”
Quote from an urban dictionary.
“It does speak to a certain lack of touch with reality to want to commemorate Joe Wilson’s demonstrably false outburst.”
Unfortunately, Wilson was correct; Obama does lie, about virtually everything. Hell, I wouldn’t believe Obama if he told me the sun rose in the East and set in the West.
Agreed. But an outburst during a speech to a Joint Session is not the format for making that point. And etching it onto a weapon is magnitudes worse.
Guns, and Abortion, and Gays are the HUGE cultural wedge issues used to split we the (little) peoples into little bitty chunks of outrage that have us foaming at the mouth at each other, canbeav. It is the divide and conquer strategy used by the corporate elite leadership of both the Dem and Repub parties. Folks are so emotional on these issues, and the corporate media and pundit hacks in their employ pour gasoline on the fire to keep us divided by the Left and Right labels, so no dialogue is possible and no common ground is ever found.
Makes me want to gag, or vomit in my mouth, personally. Not all Teabaggers and Libertarians are nutjobs…it just seems that way.