[ExI] Americans can be put in jail for poking fun at the government? Really?

[BillK]

The Onion Files Hilarious Amicus Brief In An Important Case, And
Actually Makes A Key Point In The Best Way Possible
Tue, Oct 4th 2022 10:45am - Mike Masnick

<https://www.techdirt.com/2022/10/04/the-onion-files-hilarious-amicus-brief-in-an-important-case-that-actually-makes-a-key-point-in-the-best-way-possible/>

Quote:
The case goes back to 2016 when Parma, Ohio resident Anthony Novak
(who enjoys writing comedy skits for fun) created a parody Facebook
page for the Parma Police Department. It was pretty obviously a
parody, talking about how the department “strongly discourages
minorities” from applying for jobs at the police department. It also
offered “free abortions” in a police van, and promoted a “pedophile
reform event.” In short, it was a parody page mocking the Parma
Police.

In response, the Parma police arrested Novak, claiming the parody page
disrupted public services. Really. Novak spent four days in jail and
then was tried but thankfully acquitted by a jury. Novak then sued the
city of Parma for violating his civil rights. That case has bounced
around the courts, but the rulings have not been great. The district
court granted qualified immunity to the police. The 6th Circuit rolled
that back in 2019 with what seemed like a good ruling at the time
(with the court rightly noting “The First Amendment does not depend on
whether everyone is in on the joke.”)

However, on remand, the lower court again decided that the cops get
qualified immunity, saying that because some people didn’t get the
joke, it violated the law.

Novak has asked the Supreme Court to weigh in on whether or not a
police officer is entitled to qualified immunity for arresting someone
solely for speech parodying the government. It also asks the court to
reconsider the entire doctrine of qualified immunity.
--------------

The Onion brief is quite funny in places, but it makes the point that
satirical parodies depend on initially fooling people, then them
realising it is a joke.
The Supremes have not yet decided whether to take the case.

BillK