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posted by hubie on Sunday October 09 2022, @08:18AM   Printer-friendly
from the laugh-and-(some-of)-the-world-laughs-with-you dept.

'The Onion' filed a real brief with the Supreme Court supporting man jailed for making fun of cops:

When was the last time you've read an amicus brief? If you're not involved in the legal profession, chances are you may have never actually spent precious time reading one. This amicus brief (PDF) could change that. It was submitted by The Onion, which describes itself in the brief as "the world's leading news publication" with "4.3 trillion" readers that maintains "a towering standard of excellence to which the rest of the industry aspires." [...]

The Onion, of course, is the popular parody website that once named Kim Jong-un as the sexiest man alive. Its team has filed a very real amicus brief with the Supreme Court in support of Anthony Novak, who was arrested and jailed for four days after briefly running a Facebook page parodying the police department of Parma, Ohio back in 2016.

[...] Despite writing the brief in the same voice its publication uses, and despite filling it with outlandish claims and hilarious quips, The Onion made a very real argument defending the use of parody and explaining how it works:

"Put simply, for parody to work, it has to plausibly mimic the original. The Sixth Circuit's decision in this case would condition the First Amendment's protection for parody upon a requirement that parodists explicitly say, up-front, that their work is nothing more than an elaborate fiction. But that would strip parody of the very thing that makes it function.

I highly recommend reading the brief yourself [PDF]. [hubie]


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  • (Score: 2) by turgid on Sunday October 09 2022, @04:04PM (6 children)

    by turgid (4318) Subscriber Badge on Sunday October 09 2022, @04:04PM (#1275680) Journal

    I see, so it's not the responsibility of the free individual to use critical thinking. It's someone else's.

    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

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  • (Score: 1, Funny) by Anonymous Coward on Sunday October 09 2022, @04:09PM

    by Anonymous Coward on Sunday October 09 2022, @04:09PM (#1275682)

    Isn't it ironic?

    We need a Dept of Irony to make these kind of rulings. Jokes must be submitted for approval and all harmful content removed.

  • (Score: 0, Troll) by wisnoskij on Sunday October 09 2022, @04:21PM (4 children)

    by wisnoskij (5149) <jonathonwisnoskiNO@SPAMgmail.com> on Sunday October 09 2022, @04:21PM (#1275685)

    Critical thinking needs correct information to function. Their is no critical thinking involved when your news source sneaks misinformation between truths in such a way that you believe it is true.

    I have seen many of these political/current event comedy shows. No distinction is made between fact and fiction. One second they will be laughing at the news, the second they will be laughing at a made up joke. Their is no implied rule that if the laugh track comes on we know that the commentator just made up the last thing he said. Ethical journalism lists opinion and advocacy pieces separate from news reporting, which is how they prevent themselves from being sued constantly for defamation. Just using a laugh track occasionally should not be a way around the regulations everyone else needs to abide by.

    • (Score: 0) by Anonymous Coward on Sunday October 09 2022, @04:52PM (1 child)

      by Anonymous Coward on Sunday October 09 2022, @04:52PM (#1275689)

      Wait, you're seriously calling the comedians as the problem here? Any other sources of lies you want to shut down while you're at it...? No? Here's a start [archive.ph] for you.

      • (Score: 2) by kazzie on Sunday October 09 2022, @06:17PM

        by kazzie (5309) Subscriber Badge on Sunday October 09 2022, @06:17PM (#1275705)

        Must not mod parent +1 Funny...

    • (Score: 4, Insightful) by Runaway1956 on Sunday October 09 2022, @05:07PM (1 child)

      by Runaway1956 (2926) Subscriber Badge on Sunday October 09 2022, @05:07PM (#1275692) Homepage Journal

      I don't think you have a firm grasp of parody. Truth, untruth, innuendo, double meanings, all of that fits into parody.

      Newscasters, anchor critters, news commentators don't get the leeway that a comedian gets, or they shouldn't anyway. If your favorite news anchor reports a story that cannot be verified, he should be taken to task. The comedian can make up anything, if it helps to get the point across. The comedian's job is to make his point, and at the same time, make people laugh, or chuckle, or at least groan. That news person, whatever his position, is to report what has happened in the real world. If/when he has a point to make, he should rely on facts, or at least interpretations of facts. It's alright to put a spin on a story, but the news guy has no room to make up his own facts.

      Unfortunately, we do see news people making up their own facts, almost routinely. Leave the comedian alone, and crucify the news industry for their transgressions.

      --
      Abortion is the number one killed of children in the United States.
      • (Score: 3, Touché) by Anonymous Coward on Monday October 10 2022, @04:42AM

        by Anonymous Coward on Monday October 10 2022, @04:42AM (#1275780)

        > Unfortunately, we do see news people making up their own facts

        Bingo. And that pompous, lying, superior attitude (backed up by institutional power) is precisely what parody is the antidote for. Get too pompous and suddenly the opportunity for parody becomes too strong to resist. The modern Republican era has found a novel path, where they are so ridiculous and fake that parody doesn't work so well. That's why the comedy shows are where the serious news is done now - the truth-telling, speaking to power - while the bobble heads on TV News are doing parody (of news).