Brian Aitken

Last updated
Brian Aitken
Born
Pennsylvania
Nationality American
EducationMaster of Business Administration (MBA)
Alma mater Alliance Manchester Business School, Rutgers University, New York University
Occupation(s)Entrepreneur and author

Brian Aitken is an American entrepreneur, founder and CEO of Topple Ad Network, founder and Chairman of Ads for our Future, [1] and author of a best-selling memoir, The Blue Tent Sky, which can be found in numerous law school libraries including the University of Texas Tarlton Law Library, University of Iowa Law Library, Indiana University Ruth Lilly Law Library, Patrick Henry College Library, and the Duke University J. Michael Goodson Law Library. [2] [3] [4] [5] [6] [7]

Contents

In 2009, Aitken became a cause célèbre among gun-rights activists in the United States, [8] [9] after he was convicted and sentenced to seven years in prison for possessing handguns legally purchased in Colorado and transported in New Jersey from one residence to another. [10] Aitken spent four months in prison before New Jersey Governor Chris Christie commuted Aitken's sentence to time served. [11] In 2012, the New Jersey Superior Court, Appellate Division and the State of New Jersey dismissed three illegal possession of firearms convictions and in 2018 Aitken was pardoned by Governor Christie. [12]

Education

Aitken attended Rutgers University, where he studied Environmental Policy from 2002 to 2006. He later was awarded a scholarship for “exceptional entrepreneurship” to pursue a Global MBA at the Alliance Manchester Business School and was awarded a Statement of Professional Achievement from the NYU Stern School of Business. [13]

Before launching Topple, Aitken’s free-market digital advertising platform, he attended multiple invite-only conferences at the Massachusetts Institute of Technology including the Conference on Digital Experimentation and Platform Strategy Summit. [14] [15]

Entrepreneurship

Aitken is a digital marketer and entrepreneur who formerly worked for MediaPlanet, the Foundation for Economic Education, Ketchum, Edelman Digital, and Assembly, an MDC Partners agency and AdAge’s 2018 Media Agency of the Year. [16] Aitken is a past Webby Award nominee [17] [18] [19] and his work has been recognized by the Shorty Awards and multiple Digiday awards on behalf of companies like Adobe and The Hershey Company. [20]

In December 2020, Aitken launched Topple Ad Network, a digital advertising platform free from political interference and unlawful censorship. Topple states that they put “profits over politics” and have raised over $1 million in venture capital funding and served over 4 billion digital ads in their first full year of operation. [21]

Topple allows brands, including those listed as “restricted” by other advertising platforms like Google or Meta, to advertise anything so long as it’s legal to do so in the geography the ad is being served in while re-monetizing digital properties that have had their monetization reduced, or been completely deplatformed, by major ad exchanges. Aitken has raised over $1 million in funding from 1517 Fund, associated with Peter Thiel, and other venture capitalists. [22]

Aitken also sits on the board of Ads for Our Future, a non profit started in 2023 by Aitken to provide digital advertising grants to students, researchers, non-profits, and startups working on causes and ideas that aren’t getting the attention they deserve. [23] [24] [25] [26]

In 2008, he founded Alister & Paine, a digital magazine that publishes business and luxury lifestyle content. [27]

Second Amendment Activism & History

Aitken moved to Colorado in his early twenties where he legally acquired handguns for both self-defense and recreation. In 2008, Aitken was in the process of moving back to New Jersey and followed guidance from the United States Department of Homeland Security Transportation Security Administration to ensure he could legally transport his handguns in his checked luggage. [28] [29] [30]

On January 2, 2009, Aitken was coerced into consenting to a search of his car by Mount Laurel Police officers who then found Aitken’s legally owned firearms locked and unloaded in the trunk of his car [31]

Aitken was subsequently arrested for possessing these firearms without a concealed carry permit, in violation of the Firearm Owners Protection Act (FOPA), and was ultimately sentenced to seven years in prison by Judge James Morley after the judge refused to allow the jury to consider the federal and State laws that allow an individual to transport firearms between residences without a concealed carry permit. [32] Judge Morley's decision not to provide information to the jury regarding exceptions to New Jersey's relatively strict firearm possession laws became a source of controversy. [33] Gun laws in the United States vary widely by state and require expert knowledge to understand the differences. [34]

During the jury instructions, Judge Morley refused to charge the jury with the exemptions to the New Jersey law despite arguments by the defense that Aitken met one of the exemptions and was therefore innocent of the charges. The jury returned three times requesting to be made aware of the laws that provide exemptions for lawful possession; however, all three requests were denied by the judge. [35] [36] One of the jury requests read:

Why did you make us aware at the start of the trial that the law allows a person to carry a weapon if the person is moving or going to a shooting range, and during the trial both the defense and prosecution presented testimony as to whether or not the defendant was in the process of moving, and then in your charge for us to deliberate we are not permitted to take into consideration whether or not we believe the defendant was moving? [37]

In an interview with ABC News, Joel Bewley, a spokesman for the Burlington County Prosecutor's Office, stated

The defendant's attorneys presented evidence that his house was for sale and that at the time of arrest he was traveling from one residence in New Jersey to another. [38]

One of the police officers at the scene had also testified that Aitken's car was filled with personal belongings which would indicate he was travelling. [39]

On December 20, 2010, after Aitken had spent four months in prison, New Jersey Governor Chris Christie commuted Aitken's sentence to time served, and Aitken was released from Mid-State Correctional Annex. [40]

On March 30, 2012, the New Jersey Superior Court, Appellate Division issued a decision overturning Aitken's conviction for second-degree unlawful possession of a weapon and fourth-degree possession of a large-capacity ammunition magazine, but affirming his conviction for fourth-degree possession of prohibited ammunition (hollow point bullets). On the hollow point bullets charge, the court rejected Aitken's argument that the statute was unconstitutionally vague or that the "moving exemption" that applies to other gun laws (allowing owners to transport from one house to another while moving) should be read into the prohibited-ammunition statute, which does not contain such an exemption. [41]

On January 12, 2018, Governor Christie pardoned Brian Aitken. [12]

Aitken turned down a dozen plea offers from the prosecution and was the first person to receive executive clemency on Second Amendment related charges from Governor Chris Christie. [42] [43]

Aitken’s stand against overzealous prosecution of legal gun owners paved the way for more than two dozen American citizens to be pardoned or released from unjust incarceration in the State of New Jersey including Shaneen Allen, Steffon Josey Davis, and U.S. Marine Sergeant Hisashi Pompey. [44] [45] [46] [47]

On November 19, 2021, Aitken was arrested after shooting a trespasser who attacked him at his home in Telluride, Colorado. [48]

On July 25, 2023 a mistrial was declared after the Telluride courts were unable to seat a fair and impartial jury. A new trial was set in Montrose, Colorado and on February 7, 2024, Aitken was found not-guilty of second degree attempted murder charge. The prosecution dismissed 5 charges, including two misdemeanors and three felonies. [49] The jury was reportedly deadlocked 10-2 in favor of acquitting Aitken on all counts. The judge declared a second mistrial. Despite this verdict, the prosecution have indicated that they intend to retry the case for one charge of Assault in the Second Degree (reckless). The retrial was set to begin on May 7, 2024. [50]

On May 7 2024, Aitken agreed to plead “nolo contendere” to a misdemeanor for discharging a firearm on his property and was sentenced to one year of unsupervised probation. Aitken's attorney, Douglas Richards criticized the investigation, alleging bias, a mishandling of the investigation, and said that police ignored key evidence that proved that Aitken acted in self-defense and that his use of force was justified under the circumstances. [51]

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References

  1. ↑ "Brian D. Aitken's website". Thinking Differently: Digital Media Strategy. Retrieved 29 July 2012.
  2. ↑ "The blue tent sky : how the Left's war on guns cost me my son and my freedom | WorldCat.org". search.worldcat.org. Retrieved 2024-05-10.
  3. ↑ "The Blue Tent Sky by". www.publishersweekly.com. Retrieved 2024-05-10.
  4. ↑ "The Blue Tent Sky: How the Left's War on Guns Cost Me My Son and My Freedom by Brian Aitken | BookLife". booklife.com. Retrieved 2024-05-10.
  5. ↑ "The Blue Tent Sky: How the Left's War on Guns Cost Me M…". Goodreads. Retrieved 2024-05-10.
  6. ↑ Aitken, Brian D. (2014-10-23). "10 Months, 2 Bottles of Scotch, and $42,000 Later: How I Wrote My Memoir". Medium. Retrieved 2024-05-10.
  7. ↑ Aitken, Brian D. (2014-10-23). "10 Months, 2 Bottles of Scotch, and $42,000 Later: How I Wrote My Memoir". Medium. Retrieved 2024-05-10.
  8. ↑ Bureau, Chris Megerian/Statehouse (2010-12-22). "N.J. man goes from inmate to NRA celebrity as Gov. Christie commutes gun sentence". nj. Retrieved 2022-11-17.
  9. ↑ "New Jersey Gov. Chris Christie Commutes Sentence of Man Sent to Jail for Owning Guns Legally". Fox News. 2015-03-26. Retrieved 2022-11-17.
  10. ↑ Miller, Joshua Rhett (2 December 2010). "New Jersey Gun Case Exposes 'Patchwork' of State Laws, Experts Say". FOX News . New York: News Corporation. FOXNews.com. Archived from the original on 26 October 2012. Retrieved 29 July 2012.
  11. ↑ "N.J. Man Spared 7 Years in Prison for Guns Legally Owned". ABC News. Retrieved 2021-05-02.
  12. 1 2 Walsh, Jim. "Pardons for Camden activist and gun-law symbol". Courier-Post. Retrieved 2021-05-02.
  13. ↑ https://www.linkedin.com/in/briandaitken/
  14. ↑ read, Jenna Marie Bostock··2 min (2014-10-20). "We Sent Two Ad Guys to MIT's Conference on Digital Experimentation. Here's What They Saw". Alister & Paine. Retrieved 2024-05-06.{{cite web}}: CS1 maint: numeric names: authors list (link)
  15. ↑ read, Jenna Marie Bostock··5 min (2015-08-05). "Here's What You Missed at MIT's 3rd Annual Platform Strategy Summit". Alister & Paine. Retrieved 2024-05-06.{{cite web}}: CS1 maint: numeric names: authors list (link)
  16. ↑ https://adage.com/article/special-report-agency-alist-2018/assembly-ad-age-s-2018-media-agency-year/312442
  17. ↑ "Caffeinated Thoughts Radio 12-26-15 (Guest: Brian Aitken) | Caffeinated Thoughts". caffeinatedthoughts.com. 2015-12-26. Retrieved 2024-05-10.
  18. ↑ "Man freed by Gov. Chris Christie speaks out about prison life, becoming a libertarian activist". dailycaller.com. Retrieved 2024-05-10.
  19. ↑ "Update on the Brian Aitken Case". www.cato.org. Retrieved 2024-05-10.
  20. ↑ Digiday (2019-03-20). "Old Navy, Sephora and MLB are among this year's Content Marketing Awards finalists". Digiday. Retrieved 2024-05-10.
  21. ↑ "Topple Raises Over $1 Million in 2021 | Topple". 2022-01-04. Retrieved 2024-05-10.
  22. ↑ Cassidy, Daphane (2022-04-29). "Topple Becomes Gold Sponsor of NSSF Marketing and Leadership Summit". NSSF. Retrieved 2024-05-10.
  23. ↑ "Ads for our Future Awards First $100,000 Digital Advertising Grant to the Institute for Justice". KGET 17. 2023-05-15. Retrieved 2024-05-10.
  24. ↑ "Our Story". Ads for our Future. Retrieved 2024-05-10.
  25. ↑ https://pitchbook.com/profiles/company/466209-37#overview
  26. ↑ "Topple Ad Network Pledges $2 Million in Advertising Support to Ads for our Future | Topple". 2023-05-02. Retrieved 2024-05-10.
  27. ↑ "This Company is Revolutionizing Digital Advertising for Political Candidates in 2024". Alister & Paine. Retrieved 2024-05-10.
  28. ↑ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online . Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012.
  29. ↑ Aitken, Brian D. (2013-10-13). "My Life as a Convicted Gun Offender Who Did Nothing Wrong". Vice. Retrieved 2024-04-01.
  30. ↑ Balko, Radley (2010-11-15). "Brian Aitken's Mistake". Reason.com. Retrieved 2024-04-01.
  31. ↑ New Jersey Superior Court, Appellate Division. "NJ Appellate Court Docket # a0467-10" (PDF). Judiciary state nj. Trenton: State of New Jersey. Archived from the original (PDF) on April 13, 2012.
  32. ↑ "Family: New Jersey man serving 7 years for guns he owned legally". Philadelphia Daily News. November 30, 2010. Retrieved January 18, 2013.
  33. ↑ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online . Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012.
  34. ↑ Miller, Joshua Rhett (2 December 2010). "New Jersey Gun Case Exposes 'Patchwork' of State Laws, Experts Say". FOX News . New York: News Corporation. FOXNews.com. Archived from the original on 26 October 2012. Retrieved 29 July 2012.
  35. ↑ Balko, Radley (15 November 2010). "Brian Aitken's Mistake". Reason Online . Los Angeles: Reason Foundation: 1. Archived from the original on 11 July 2012. Retrieved 29 July 2012.{{cite journal}}: Unknown parameter |agency= ignored (help)
  36. ↑ "Family: New Jersey man serving 7 years for guns he owned legally". inquirer.com. 2010-11-30. Retrieved 2024-05-10.
  37. ↑ www.nationalreview.com/articles/258108/false-imprisonment-robert-verbruggen?page=2.
  38. ↑ "N.J. Man Spared 7 Years in Prison for Guns Legally Owned". ABC News. Retrieved 2022-11-17.
  39. ↑ Reeder, David (2013-10-15). "Brian Aitken, "Convicted Gun Offender"". Recoil. Retrieved 2024-05-06.
  40. ↑ Bureau, Chris Megerian/Statehouse (2010-12-22). "N.J. man goes from inmate to NRA celebrity as Gov. Christie commutes gun sentence". nj. Retrieved 2022-11-17.
  41. ↑ "STATE v. AITKEN | No. A-0467-10T4. | 20120330329 | Leagle.com". Leagle. Retrieved 2022-11-17.
  42. ↑ NJ.com, Allison Pries | NJ Advance Media for (2018-04-15). "He says he became the face of those wrongly targeted by N.J. gun laws". nj. Retrieved 2024-05-10.
  43. ↑ Association, National Rifle. "An Official Journal Of The NRA | Brian Aitken, a New Jersey Gun-Law Victim, Speaks". An Official Journal Of The NRA. Retrieved 2024-05-10.
  44. ↑ Levinsky, David. "Christie says NJ gun laws 'overreaching,' offered pardon in Mount Laurel gun case". Burlington County Times. Retrieved 2024-05-10.
  45. ↑ "Gov. Chris Christie pardons Phila. mom facing gun charges in NJ". 6abc Philadelphia. Retrieved 2024-05-10.
  46. ↑ Brodesser-Akner, Claude (2015-06-09). "Christie pardons armored car driver who had gun in car". nj. Retrieved 2024-05-10.
  47. ↑ "Governor commutes sentence of Marine facing mandatory 3-year term for gun charge". ABC7 Chicago. Retrieved 2024-05-10.
  48. ↑ Report, Planet Staff (2024-02-07). "Brian Aitken acquitted on attempted second-degree murder". Telluride Daily Planet. Retrieved 2024-05-06.
  49. ↑ Report, Staff (2024-02-27). "Man cleared of murder attempt in Telluride shooting; new trial set for remaining charges after split verdict". Montrose Daily Press. Retrieved 2024-05-06.
  50. ↑ Report, Planet Staff (2024-02-07). "Brian Aitken acquitted on attempted second-degree murder". Telluride Daily Planet. Retrieved 2024-05-10.
  51. ↑ Writer, Mia Rupani Staff (2024-05-07). "Former resident accepts plea deal in 2021 shooting". Telluride Daily Planet. Retrieved 2024-05-20.
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