Tuesday, October 04, 2022
Go, Onion!
IPLawGuy tipped me off to the most awesome story of the week, and perhaps the millennium: The Onion submitted an amicus brief to the Supreme Court, in a case involving the nature of parody where someone was prosecuted for making fun of the police on Facebook. You can, and should, read it here.
At issue is something important: the doctrine of qualified immunity that protects police officers from legal consequences when they violate rights. The police of Parma, Ohio, arrested Anthony Novak for creating a parody police department facebook page. Novak was tried for "disrupting public service" but was acquitted by a jury. The Sixth Circuit Court of Appeals held that the doctrine of qualified immunity protected the police from the civil suit that Novak had filed against them, and now Novak is urging (with the support of the Onion) that the Supreme Court take the case.
The Onion's brief begins this way, describing the "interests of amicus curiae":
The Onion is the world’s leading news publication,
offering highly acclaimed, universally revered coverage of breaking national, international, and local news
events. Rising from its humble beginnings as a print
newspaper in 1756, The Onion now enjoys a daily readership of 4.3 trillion and has grown into the single most
powerful and influential organization in human history.
In addition to maintaining a towering standard of
excellence to which the rest of the industry aspires,
The Onion supports more than 350,000 full- and part-time journalism jobs in its numerous news bureaus
and manual labor camps stationed around the world,
and members of its editorial board have served with
distinction in an advisory capacity for such nations as
China, Syria, Somalia, and the former Soviet Union.
On top of its journalistic pursuits, The Onion also owns
and operates the majority of the world’s transoceanic
shipping lanes, stands on the nation’s leading edge on
matters of deforestation and strip mining, and proudly
conducts tests on millions of animals daily.
And really gets going in this passage:
Parodists can take
apart an authoritarian’s cult of personality, point out
the rhetorical tricks that politicians use to mislead
their constituents, and even undercut a government
institution’s real-world attempts at propaganda.
Farah, 736 F.3d at 536 (noting that the point of parody
is to “censure the vices, follies, abuses, or shortcomings
of an individual or society”) (cleaned up).
Time and again, that’s what has occurred with The
Onion’s news stories. In 2012, for example, The Onion
proclaimed that Kim Jong-un was the sexiest man
alive. China’s state-run news agency republished
The Onion’s story as true alongside a slideshow of the
dictator himself in all his glory. The Fars Iranian
News Agency uncritically picked up and ran with The
Onion’s headline “Gallup Poll: Rural Whites Prefer
Ahmadinejad To Obama.” Domestically, the number of
elected leaders who are still incapable of parsing The
Onion’s coverage as satire is daunting, but one particular example stands out: Republican Congressman
John Fleming, who believed that he needed to warn his
constituents of a dangerous escalation of the pro-choice movement after reading The Onion’s headline
“Planned Parenthood Opens $8 Billion Abortionplex.”
It had to happen. And finally, it did!
Comments:
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One of my favorite sections:
The Onion’s motto is central to this brief for two
important reasons. First, it’s Latin. And The Onion
knows that the federal judiciary is staffed entirely by
total Latin dorks.....
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The Onion’s motto is central to this brief for two
important reasons. First, it’s Latin. And The Onion
knows that the federal judiciary is staffed entirely by
total Latin dorks.....
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