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

William Flynn Wallace foozler83 at gmail.com
Wed Oct 5 17:05:51 UTC 2022


 saying that because some people didn’t get the
joke, it violated the law.  bill k

 I cannot believe that a judge (in this day and age, blah, blah, blah)
would say such a thing.  Many art cases have been adjudicated, and the
artist can satirize anything at all, period.  FREE SPEECH unless causing
riots  bill w


On Wed, Oct 5, 2022 at 11:51 AM BillK via extropy-chat <
extropy-chat at lists.extropy.org> wrote:

> 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
>
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