When the Second Amendment Teams Up With the First Amendment

Attorneys representing the Second Amendment Foundation (SAF) and Defense Distributed have filed an appellants’ brief in their long-running First Amendment challenge of the New Jersey statute which prohibits the publication of computer files containing digital firearms information. Defense Distributed, according to their website, is the first private defense contractor in service of the general public. Since 2012’s Wiki Weapon project, Defense Distributed has provided state-of-the-art information in small scale, digital and personal gunsmithing technology.

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The brief was filed in the U.S. Court of Appeals for the Third Circuit. SAF and Defense Distributed, based in Texas, are represented by attorneys Chad Flores and Josh Blackman, both in Houston, Texas and attorney Daniel L. Schmutter at Hartman & Winnicki in Ridgewood, N.J.

Since July 2018, the New Jersey Attorney General has acted under color of law to censor the publication of Defense Distributed’s Second Amendment speech. This has included a cease-and-desist letter to Defense Distributed, and threats to Defense Distributed’s third-party service providers. It amounted to a campaign of harassment and intimidation, which led to the federal lawsuit filed by SAF and Defense Distributed.

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