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The Onion files Supreme Court amicus brief defending the right to parody
Washington Post via MSN ^ | Oct 4, 2022 | Rachel Pannett

Posted on 10/04/2022 3:48:51 AM PDT by where's_the_Outrage?

The Onion — a satirical publication known for poking fun at everything from popular culture to global politics — is taking a stab at a serious issue. On Monday, it filed an amicus brief to the U.S. Supreme Court in support of an Ohio man who faced criminal charges over a Facebook page parodying his local police department.

Anthony Novak, an amateur comic from Parma, a Cleveland suburb, was arrested and briefly jailed after creating a fake social media page in 2016 styled after the Parma Police Department’s Facebook page. His lawyers argue it was an obvious parody, and he was acquitted at trial.

Novak subsequently filed a civil suit alleging his constitutional rights were violated, though that was dismissed after a federal appeals court granted the police officers qualified immunity — a legal doctrine that protects government officials from being sued for allegedly violating civil rights. “There’s no recognized right to be free from a retaliatory arrest that is supported by probable cause,” the appellate judges ruled.

Now, Novak is petitioning the Supreme Court to take up his case.......

“If the police can use their authority to arrest their critics without consequence, everyone’s rights are at risk,” the institute said in a statement.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; Political Humor/Cartoons; US: Ohio
KEYWORDS: civilrights; freespeech; internet; onion; parady; parody; police; qualifiedimmunity; satire; scotus; socialmedia
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To: bert

You see that now, today, with the failed USSC candidate Merrick Garland, getting his revenge against the administration that prevented him from becoming a lifetime legal tyrant.


21 posted on 10/04/2022 7:04:44 AM PDT by Gaffer (I)
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To: where's_the_Outrage?

Bookmark


22 posted on 10/04/2022 7:43:41 AM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how thery control you. )
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To: where's_the_Outrage?

bttt


23 posted on 10/04/2022 7:47:14 AM PDT by Pajamajan ( PRAY FOR OUR NATION. Never be a peaceful slave in new Socialist America.)
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To: Gaffer

Amen

Garland is a scorned SCOTUS nominee.

“Hell hath no fury like a woman scorned” or an AG that is a scorned SCOTUS nominee


24 posted on 10/04/2022 9:02:46 AM PDT by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality day)
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To: Sirius Lee

He’s referring to the rodeo clown that made fun of Obama a decade ago. The libs demanded he be sanctioned and sent to a “clown sensitivity” training.

It was a facepalm meme for 15 minutes, sending a man that dodges and distracts bulls for a living to some woke training because he mocked St. Barry.


25 posted on 10/04/2022 9:19:26 AM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: bert

“who would administer punishment to the government?”

Well, if this suit is successful, it would just remove the qualified immunity of the government employees who ordered the man’s arrest. They would be personally liable, not the government itself.


26 posted on 10/04/2022 10:32:29 AM PDT by Boogieman
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To: Boogieman
Well, if this suit is successful, it would just remove the qualified immunity of the government employees who ordered the man’s arrest. They would be personally liable, not the government itself.

The problem is that local police are protected by insurance policies. That's likely in their contracts courtesy of the FOP, the police union. So it's probably not about the individual paying these costs out of pocket. If someone manages to get a judgment, the insurance pays it, and maybe the local government's insurance premium goes up next year. There is very little individual accountability. The judges are actually protecting the insurance companies.
27 posted on 10/04/2022 10:39:04 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: Dr. Franklin

I’m no expert on police insurance policies, but insurance policies in general have clauses that void them or put all the liability back on the individual if the loss is shown to have been caused by the individual’s own actions and malfeasance, which is exactly what a court determination that breaches qualified immunity would be saying.

Maybe that’s not the case with the type of policies you are talking about, but I would be surprised if any insurance company would offer a policy without such a clause covering their backside. I suppose they do that in the case of medical malpractice insurance, but that’s about the only exception that I can think of, and those policies are extraordinarily expensive for that specific reason.


28 posted on 10/04/2022 10:55:38 AM PDT by Boogieman
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To: Recompennation

How is that much persecuted guy that did the barry you know obozo mime at the rodeo???? Boy, sheese, know body did’t like his flavor in the soup or so you’d thimk.

Are you really Fetterman?


29 posted on 10/04/2022 1:19:44 PM PDT by rxh4n1
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