SAN FRANCISCO – MAY 05: A pedestrian walks by an Onion news rack May 5, 2009 in San Francisco, California. Satirical newspaper the Onion is ceasing publication in Los Angeles and San Francisco citing low ad revenue despite an increasing circulation. The Onion, which has a circulation of 60,000 in San Francisco, will continue to publish in other markets like Chicago and New York.
Justin Sullivan/Getty Images In 2016, Anthony Novak created a Facebook page parodying the Parma Police Department. Police obtained an arrest warrant for Novak and charged him with a felony. The Onion filed an amicus brief with the Supreme Court after an appeals court granted the officers qualified immunity.
The Onion, a satirical online publication, filed an amicus brief with the Supreme Court on Monday, asking it to hear a case about a man who was arrested after creating a fake Facebook page that mirrored a local police department’s official page. “Americans can be put in jail for poking fun at the government? This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team,” the brief begins. Known for its satirical, humorous takes, The Onion’s amicus brief — typically filed by parties with an interest in supplying information relevant to a case or legal argument — is far from fiction.
The brief was in support of Anthony Novak, who in 2016 created a Facebook page parodying the Parma Police Department. The page included posts making fun of the department, such as an announcement of an “official stay inside and catch up with family day” to “reduce future crimes,” according to The Institute of Justice (IJ), a law firm representing Novak. IJ said the Parma police department “did not appreciate Anthony’s criticism” and Novak was charged with a felony under an Ohio law that criminalizes using a computer to “disrupt” “police operations.
” Novak eventually filed a civil rights lawsuit, but the Sixth US Circuit Court of Appeals granted the officers qualified immunity — a legal doctrine that protects cops from civil lawsuits over incidents that occur while they’re on duty. As such, Novak’s case was thrown out. On September 28, Novak’s attorneys filed an appeal with the Supreme Court to reverse the Sixth Circuit’s decision, according to Cleveland.
com. The Onion’s amicus brief is aimed at convincing the Supreme Court to pursue the case and said the Sixth Circuit’s ruling “imperils an ancient form of discourse. ” The brief included examples from Horace, a Roman poet and writer, and humorist Mark Twain.
“As Mark Twain put it, ‘The humorous story is told gravely; the teller does his best to conceal the fact that he even dimly suspects that there is anything funny about it. ‘ Not only is the Sixth Circuit on the wrong side of Twain, but grafting onto the reasonable-reader test a requirement that parodists explicitly disclaim their own pretense to reality is a disservice to the American public. It assumes that ordinary readers are less sophisticated and more humorless than they actually are,” the brief said.
In a statement provided to Insider, Patrick Jaicomo, a lead attorney on the case, said the Institute of Justice is thrilled about The Onion’s support. “As The Onion’s brief masterfully illustrates, parody — like that for which Mr. Novak was arrested, jailed, and prosecuted by Parma, Ohio officials — is not only a uniquely persuasive tool to advance an argument, but a form of speech absolutely protected by the First Amendment,” the statement said.
“We are hopeful that The Onion’s brief will help us convince the Supreme Court to take this case and ensure that the First Amendment is enforceable in American courts. “Representatives for The Onion did not immediately respond to Insider’s request for comment. Read the original article on Insider.
From: insider
URL: https://www.insider.com/the-onion-filed-an-amicus-brief-with-the-supreme-court-2022-10
