UPDATE: FEBRUARY 5, 2019

After Threat of Prosecution, Free Speech Advocates Seek Restraining Order Against New Jersey Attorney General Gurbir Grewal in Federal Civil Rights Lawsuit

TRENTON, N.J. (February 5, 2019) — Today, attorneys for six advocacy organizations and one individual, Firearms Policy Coalition founder Brandon Combs, filed a new lawsuit and a motion seeking a restraining order and preliminary injunction against New Jersey Attorney General Gurbir Grewal. The case was filed just days after Grewal’s Office of the Attorney General sent a threat of prosecution to Cloudflare, a major Internet services company headquartered in San Francisco, about www.CodeIsFreeSpeech.com. A copy of key court filings can be viewed or downloaded at www.codeisfreespeechlawsuit.com.

According to the complaint, on Saturday, February 3 the CodeIsFreeSpeech.com website’s act of republishing some of Defense Distributed’s digital firearms information “was met with yet another of Grewal’s Orwellian take-down orders,” demanding that Cloudflare “delete all files described within 24 hours or [Grewal’s Office] will be forced to press charges.”

“By issuing a takedown demand against” the entire website, “Grewal sought to compel the complete and total suppression of the political speech at CodeIsFreeSpeech.com, the links to other advocacy websites and their educational and political resources, links to political tee shirts, and even the very text of the United States Constitution itself,” the plaintiffs said in the filing. Attorneys for the plaintiffs also filed a motion seeking a temporary restraining order and preliminary injunction against Grewal. The Attorney General’s threats of prosecution and other civil enforcement actions under New Jersey laws, the plaintiffs say, violate their constitutional rights.

Last November, New Jersey Governor Phil Murphy signed a new speech crime into law, in Senate Bill 2465. Among other things, it created a new “third degree crime” for “a person to distribute by any means, including the Internet, to a person in New Jersey” certain kinds of speech, including “digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer…”

CodeIsFreeSpeech.com “is a publicly available website for the publication and republication of truthful, non-misleading, non-commercial political speech and information that is protected under the United States Constitution,” the complaint says. “Its purpose is to allow people to share knowledge and empower them to exercise their fundamental, individual rights. It was created and developed during the week of July 22, 2018—long before the State enacted Senate Bill 2465.”

The plaintiffs are represented by attorneys Chad Flores, Daniel Hammond, and Hannah Roblyer of Texas-based Beck Redden LLP and Daniel L. Schmutter of New Jersey law firm Hartman & Winnicki.

The CodeIsFreeSpeech.com website can be additionally accessed through URLs GurbirGrewalisaTyrant.com and PhilMurphyisaTyrant.com.

CASE: CodeIsFreeSpeechCase.com - Defense Distributed, et al. v. New Jersey Attorney General Gurbir Grewal

RELEASE: After Threat of Prosecution, Free Speech Advocates Seek Restraining Order Against New Jersey Attorney General Gurbir Grewal in Federal Civil Rights Lawsuit

CodeIsFreeSpeech.com is a publicly-available Web site for truthful, non-misleading, non-commercial speech and information that is protected under the United States Constitution. The purpose of this project is to allow people to share knowledge and empower them to exercise their fundamental, individual rights. CodeIsFreeSpeech.com is a project of Firearms Policy Coalition, Firearms Policy Foundation, The Calguns Foundation, California Association of Federal Firearms Licensees, and a number of individuals who are passionate about the Constitution and individual liberties. We wish to thank Cody Wilson and Defense Distributed for their courage, passion, innovation, and inspiration. CodeIsFreeSpeech.com and its contents are for education and information purposes only. Self-manufacturing or assembling a firearm may require a permit or license. Some people may be prohibited under federal, state, and/or local laws. Consult a licensed attorney for legal advice.

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UPDATE: FEBRUARY 2, 2019

File access is currently restricted due to a threat of prosecution.

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UPDATE: FEBRUARY 2, 2019

File access is currently restricted due to a threat of prosecution.

KNOW YOUR RIGHTS

United States Constitution, Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

United States Constitution, Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

United States Constitution, Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

United States Constitution, Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

United States Constitution, Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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