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"The Onion" submits a brief to the Supreme Court

Started by Rev. Powell, October 30, 2022, 09:06:17 AM

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Rev. Powell

https://www.supremecourt.gov/DocketPDF/22/22-293/242292/20221003125252896_35295545_1-22.10.03%20-%20Novak-Parma%20-%20Onion%20Amicus%20Brief.pdf

The brief begins with the claim that the Onion is "the single most powerful and influential organization in human history."

Background: this is an amicus ("friend of the court") brief; the Onion is not a party to the case, they just want to weigh in as an interested bystander. The case (Novak v. City of Parma) involves a man who was arrested after posting a parody page on Facebook making fun of the local police department. He was arrested and actually tried for interfering with the operations of the police; a jury found him innocent.

Nearly everyone agrees the City's actions were outrageous and vindictive and a travesty of justice. The chief legal issue is not whether the officer is in the right or the wrong, but the issue of qualified immunity--whether the police can be sued at all when acting in a discretionary capacity. For that reason, the Onion's brief is probably mostly beside the point. But it's still a great defense of satire.

The conservative Onion imitator Babylon Bee also filed a similar brief.
I'll take you places the hand of man has not yet set foot...

Morpheus, the unwoke.

They will come back, come back again, As long as the red earth rolls. He never wasted a leaf or a tree. Do you think he would squander souls?" ― Ruyard Kipling

We all come from the goddess and to her we shall return, like a drop of rain flowing to the ocean.

ER

Wasn't the right to satire already protected in the '80s thanks to Misters Falwell and Flynn?
What does not kill me makes me stranger.

Rev. Powell

Quote from: ER on October 31, 2022, 09:07:12 AM
Wasn't the right to satire already protected in the '80s thanks to Misters Falwell and Flynn?

That's why the Onion brief is off topic; the issue is qualified immunity, not satire. I.e., can the police act vindictively, if they technically have probable cause to make an arrest?
I'll take you places the hand of man has not yet set foot...

Morpheus, the unwoke.

Quote from: ER on October 31, 2022, 09:07:12 AM
Wasn't the right to satire already protected in the '80s thanks to Misters Falwell and Flynn?

Wow, you have a good memory, I heard of that case too.  But it was Jerry Fallwall and Larry Flynt. Woody Harrelson played him in a movie years back.
They will come back, come back again, As long as the red earth rolls. He never wasted a leaf or a tree. Do you think he would squander souls?" ― Ruyard Kipling

We all come from the goddess and to her we shall return, like a drop of rain flowing to the ocean.

ER

Quote from: Morpheus, the unwoke. on October 31, 2022, 04:38:20 PM
Quote from: ER on October 31, 2022, 09:07:12 AM
Wasn't the right to satire already protected in the '80s thanks to Misters Falwell and Flynn?

Wow, you have a good memory, I heard of that case too.  But it was Jerry Fallwall and Larry Flynt. Woody Harrelson played him in a movie years back.
Autocorrect. I knew Larry's brother, so, yeah. But it's Falwell. One l.
What does not kill me makes me stranger.

Trevor

Quote from: Rev. Powell on October 30, 2022, 09:06:17 AM
https://www.supremecourt.gov/DocketPDF/22/22-293/242292/20221003125252896_35295545_1-22.10.03%20-%20Novak-Parma%20-%20Onion%20Amicus%20Brief.pdf

The brief begins with the claim that the Onion is "the single most powerful and influential organization in human history."

Background: this is an amicus ("friend of the court") brief; the Onion is not a party to the case, they just want to weigh in as an interested bystander. The case (Novak v. City of Parma) involves a man who was arrested after posting a parody page on Facebook making fun of the local police department. He was arrested and actually tried for interfering with the operations of the police; a jury found him innocent.

Nearly everyone agrees the City's actions were outrageous and vindictive and a travesty of justice. The chief legal issue is not whether the officer is in the right or the wrong, but the issue of qualified immunity--whether the police can be sued at all when acting in a discretionary capacity. For that reason, the Onion's brief is probably mostly beside the point. But it's still a great defense of satire.

The conservative Onion imitator Babylon Bee also filed a similar brief.

So long as it isn't any briefs that belong to me, they can submit all the briefs they want  :wink:
We shall meet in the place where there is no darkness.