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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: 3, Funny) by number11 on Monday October 10 2022, @04:30AM

    by number11 (1170) Subscriber Badge on Monday October 10 2022, @04:30AM (#1275777)

    Understanding this to be a pretty simple case, of the freedom to parody, I find it a little scary that this went all the way to the top. It should've never made it to the 1st appeal. The 1st trial should've been decided in favor of the prisoner,

    Novak was found "not guilty". He'd spent 4 days in jail. Now the question is, can he sue the people who did it? Mostly police get "qualified immunity", which means "no matter how stupid, if there's not an actual court case saying otherwise, the cops can't be held responsible."

    We should re-establish a clear standard: jail is for criminal, and only the dangerous ones who might hurt themselves or others.

    The "others" are the Parma police, who felt terribly hurt that someone would make fun of them.

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