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Hour 1 -- Ernest Hancock and Cody Wilson (Defense Distributed) do a special podcast to cover relevant topics such as the lawsuit Cody filed against the state department where the Court of Appeals Rules That National Security Concerns Outweigh Free Speech; Update on the Ghost Gunner and new book Come and Take It: The Gun Printer's Guide to Thinking Free Hardcover
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September 26th, 2016
Declare Your Independence with Ernest Hancock
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Ernest Hancock and Cody Wilson (Defense Distributed) do a special podcast to cover relevant topics such as the lawsuit Cody filed against the state department where the Court of Appeals Rules That National Security Concerns Outweigh Free Speech; Update on the Ghost Gunner
Cody's previous interviews on the Declare Your Independence with Ernest Hancock Radio Show:
TOPICS AND REFERENCES...
Another Setback for 3D Printed Gun Advocate Cody Wilson as Court of Appeals Rules That National Security Concerns Outweigh Free Speech
Court cases having to do with 3D printing are usually related to copyright infringement – and there are certainly a lot of those, as the legal system struggles to keep up with the convoluted intellectual property issues related to the expanding digital world. No 3D printing-related court case, however, is as well-known and controversial as Defense Distributed v. Department of State.
It's been a long, drawn-out battle, beginning in 2013 when Cody Wilson, founder of Defense Distributed, published the open source files for his 3D printed handgun, the Liberator, online. The State Department ordered that he take the files down, and Wilson complied, but not before thousands had downloaded them and spread them elsewhere on the Internet. In 2015, with the help of gun rights organization The Second Amendment Foundation, Wilson filed a federal lawsuit claiming that the State Department had violated not only his Second Amendment but his First Amendment rights. By suppressing his right to share information online, Wilson argued, the State Department was violating his right to free speech.
Wilson's request for a preliminary injunction was denied, on the grounds that the safety of the public outweighed any damages Wilson had suffered from the alleged violation of his rights. As the State Department said in its initial letter to Wilson, posting files for weapons online may be in violation of the International Traffic in Arms Regulations (ITAR), as the files could be accessed by anyone, domestic or overseas.
Wilson responded by filing an appeal to the 5th Circuit Court of Appeals, but this week he was dealt another defeat, as the court ruled, in a 2-1 decision, that national security still supersedes Wilson's right to free speech.
"Ordinarily, of course, the protection of constitutional rights would be the highest public interest at issue in a case. That is not necessarily true here, however, because the State Department has asserted a very strong public interest in national defense and national security," the ruling states. "Indeed, the State Department's stated interest in preventing foreign nationals—including all manner of enemies of this country—from obtaining technical data on how to produce weapons and weapon parts is not merely tangentially related to national defense and national security; it lies squarely within that interest."
While it can be argued that the Liberator itself, a single-shot plastic handgun, doesn't pose a major national security threat, it could be just the tip of the iceberg – the court's ruling seems to have less to do with the nature of the original files and more to do with the possibly dangerous precedent they could set. Wilson announced earlier this year that he intended to make files for a 3D printable machine gun available online as soon as he was permitted to do so, generating a lot of concern from security experts.
CLICK HERE for the rest of the article
Cody Wilson's 3D Printed Liberator Lawsuit on Its Way to the 5th Circuit Court of Appeals
by Scott J Grunewald | Aug 26, 2015
The landmark lawsuit against the United States State Department filed by gun rights advocate Cody Wilson and the creator of the 3D printed Liberator pistol continues to gain steam, even after a recent setback. Earlier this month, District Judge Robert Pitman denied Cody Wilson's preliminary injunction against the State Department's order that he stop disseminating the Liberator's files online, stating that any potential violations of his Constitutional rights did not outweigh the public interest. However, yesterday Wilson took to Twitter and announced that he successfully filed his appeal to that decision and the case was on its way to the 5th Circuit Court of Appeals.
CLICK HERE to go to page to view lawsuit
Cody's New Book - On Amazon Now...
Come and Take It: The Gun Printer's Guide to Thinking Free Hardcover – October 11, 2016
Cody Wilson, a self-described crypto-anarchist and rogue thinker, combines the controversial yet thrilling story of the production of the first ever 3D printable gun with a startling philosophical manifesto that gets to the heart of the twenty-first century debate over the freedom of information and ideas.
Reminiscent of the classic Steal This Book by Abbie Hoffman, Cody Wilson has written a unique, critical, and philosophical guide through the digital revolution. Deflecting interference from the State Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the story of Defense Distributed—where Wilson's employees work against all odds to defend liberty and the right to access arms through the production of 3D printed firearms—takes us across continents, into dusty warehouses and high rise condominiums, through television studios, to the Texas desert, and beyond.
Harkening to both Zen and the Art of Motorcycle Maintenance and The Anarchist Cookbook, Come and Take It follows a group of digital radicals as they navigate political subterfuge to create a technological miracle, against all odds. Combining elements of a modern-day thriller with a fascinating philosophical treatise, Wilson paints a scathing and timely portrait of an ideologically polarized America and his own struggle in the fight for liberty.