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'The Babylon Bee' Joins 'The Onion' In Decrying Law That Makes Parody a Felony (reason.com) 198

An anonymous reader quotes a report from Reason Magazine: The Babylon Bee this week joined The Onion in urging the Supreme Court to defend the First Amendment against an Ohio law that makes parody a felony. The case, which the Institute for Justice is asking the Court to take up, involves Parma resident Anthony Novak, who in 2016 was prosecuted for violating a state law against using a computer to "disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations." Novak supposedly did that by creating a parody of the Parma Police Department's Facebook page. [...]

For obvious reasons, the right-leaning Bee, like the left-leaning Onion, is alarmed by the implication that people have no recourse against cops who arrest them for making fun of government agencies. "The Bee is serving a brutal life sentence in Twitter jail as we speak," says its amicus brief (PDF) in Novak v. City of Parma. "Its writers would very much like to avoid a consecutive sentence in a government-run facility." The premise of Novak's prosecution was that he had disrupted police operations by prompting calls about his parody to the department's nonemergency line. "Left in the hands of the Sixth Circuit and the Parma PD (and other like-minded law enforcement), the speech-stifling Ohio statute used to go after Mr. Novak empowers state officials to search, arrest, jail, and prosecute parodists without fear of ever being held accountable," the Bee says. "The upshot for The Bee is that, in Ohio at least, its writers could be jailed for many, if not most, of the articles The Bee publishes, provided that someone contacted law enforcement -- or another entity 'protected' by [Ohio's law] -- to tell them that the articles exist."

Consider the March 3 Bee story headlined "Donut Sales Surge as Police Departments Re-Funded." If someone "had called the Parma Police Department to let them know that The Bee had published the article," the brief suggests, the publication "could have been charged with a felony, its offices searched, and its writers arrested and jailed for days, all without consequence for the parties doing the charging, arresting, jailing, and searching." Likewise if an officer's "passive-aggressive brother-in-law had forwarded the article" to the cop's official email address, thereby "interrupt[ing]" his work. Given the broad wording of Ohio's law, which refers to "governmental operations" generally, Bee articles about federal agencies, such as its August 12 report on the FBI's search of Mar-a-Lago, also could be treated as grounds for arrest. "Had a caller contacted the FBI field office in Cleveland or Cincinnati" to "express outrage over the suspicious timing of the FBI's raid on Melania Trump's Mar-a-Lago closet and Attorney General Garland's acquisition of a haute couture wardrobe," the Bee notes, that could be the basis for a felony charge in Ohio.
On the First Amendment issues raised by this case, both The Onion and The Babylon Bee see eye to eye.

"The Onion may be staffed by socialist wackos, but in their brief defending parody to this Court, they hit it out of the park," the Bee says. "Parody has a unique capacity to speak truth to power and to cut its subjects down to size. Its continued protection under the First Amendment is crucial to preserving the right of citizens to effectively criticize the government."
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'The Babylon Bee' Joins 'The Onion' In Decrying Law That Makes Parody a Felony

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  • Lefties used to profess an almost absolutist belief in the freedom of expression. I suppose that dates back to the Marcuse days when they felt themselves to be the oppressed minority, making the belief a rather mercenary position, rather than a principled on.

    More's the pity.

    America certainly isn't perfect, and neither were our founders. But in their pursuit of petty personal gains, and amidst their individual and collective moral failings, they stumbled on something noble: freedom in the broadest sense as a

    • by Mostly a lurker ( 634878 ) on Thursday November 03, 2022 @07:24PM (#63023033)

      When The Onion and The Babylon Bee agree on anything, it is time to take their opinions seriously. After all, you would not at the current time be able to find them in agreement even on whether the results of elections should be respected.

      I was gobsmacked that the Sixth Circuit saw fit to support Ohio's law in this way, and I do believe the SCOTUS is likely to grant certiorari and reverse this horrible decision.

    • As soon as people think they have power, they want to censor. The reason is obvious: most of us don't want to listen to people we don't like. But most of us just change the channel or close the browser because we don't have more power than that.

    • by iMadeGhostzilla ( 1851560 ) on Thursday November 03, 2022 @07:37PM (#63023057)

      Over the years American universities have slowly radicalized people against freedom of expression. There was a video about two years ago of a university student calling the cops over some conservative group giving a talk on the campus. The police ask him are they threatening you, he says they are threatening me with their ideals.

      found it --
      https://www.youtube.com/watch?... [youtube.com]

      This kind of thing doesn't happen in a vacuum. The country is in for a rough ride for a decade or so.

      • Re: (Score:2, Insightful)

        According to the left, speech (that they disagree with) is violence, and real violence against speech is self defense.
      • by AmiMoJo ( 196126 )

        It's actually the opposite. Nowadays people feel more empowered to use their freedom of speech to criticise those in positions of power. The understanding of what a position of power has expanded too.

        It's that empowerment that students wanted, years ago. Now they have it and some conservatives really don't like it, because they are subjected to criticism that previously they could have relied on most media outlets to avoid making.

      • by kackle ( 910159 )

        The country is in for a rough ride for a decade or so.

        If ONLY it were a decade.

        ["South Park" on how long the overly PC era will last] [youtube.com]

    • Was this site only a parody, or did it go so far as to misrepresent itself as the actual police departments Facebook page? Making fun of it is one thing, whereas confusing people into believing it is actually THE police department page and is expressing official messages from the police department is quite another.

      I read previously that this was the actual crux of the issue, however, I don't know all the facts myself and so I am not forming an opinion. I am just saying this might not be a simple case of r

      • by ShanghaiBill ( 739463 ) on Thursday November 03, 2022 @08:48PM (#63023169)

        He announced an "official stay inside and catch up with family day" to "reduce future crimes," during which anyone caught outside would be arrested.

        If anyone believed that was serious, they should be the ones arrested.

        Most people who called the police were "tattling" on Parma and knew his site was not real.

        When he was arrested, he was jailed for four days. That is a ridiculous abuse of police power. A satirist is not a physical danger to the public.

    • Let's not trash it.

      We still have a long way to go before we even live up to it. We have "only just" legally recognized homosexual marriage, and recreational use of non-addictive herbs remains illegal. The legality of civilian gun ownership is under constant threat, and the option to terminate an unwanted pregnancy just went out the window.

      And then there is that pesky issue of government-sanctioned slavery in times of war. Any government that must resort to force to convince its people to stand up and fig

    • by gweihir ( 88907 ) on Friday November 04, 2022 @12:00AM (#63023411)

      It is not "lefties". It is left-wing extremists. All extremists are against freedom of expression, because it can be used to show how massively they are wrong on other issues. Left, right, religious, political, etc. makes no difference, extremists are the enemy of any halfway decent person.

      • by dfghjk ( 711126 )

        Yes.

        But also, not all extremists are the same. Left-wing extremism is a nuisance, this kind of extremism ultimately works against progressive goals. For example, "reverse racism" is a term for a kind of racism directed backward at traditional sources of racism, it ultimately slows the rejection of racism. Left-wing extremism serves to hamper its own causes. Right-wing extremism, however, literally wants to murder people. While both are enemies of reasonable people, they are not the same.

    • by dfghjk ( 711126 )

      "Lefties used to profess an almost absolutist belief in the freedom of expression."

      Classic projection.

    • > Lefties used to profess an almost absolutist belief in the freedom of expression.

      Thus proving the fallacy of absolutist anything.

      Look, freedom of speech is a great idea theoretically. Then social media came along. Now, barstool Bob in deep east Texas has a megaphone to shout his 9th grade ideas to the world and bring other 9th grade level folks (with guns) to his cause.

      So now, we have a situation where:

      1) Suppression of free speech leads to political manipulation of naÃve people, possibly leading

      • by dfghjk ( 711126 )

        It should also be said that this "political manipulation" is being done by enemies of the state including foreign governments. It is an incredibly serious, even existential, problem. There should be no question that a solution to the problem of social media creating unrestrained propaganda must be found.

  • by raymorris ( 2726007 ) on Thursday November 03, 2022 @07:09PM (#63023011) Journal

    The Onion's amicus brief in the case may be the single funniest thing ever filed with the court.

    https://www.supremecourt.gov/D... [supremecourt.gov]

    • This is the opening paragraph of the Onion's brief:

      Tu stultus es. You are dumb. These three Latin
      words have been The Onionâ(TM)s motto and guiding light since it was founded in 1988 as Americaâ(TM)s Finest News Source, leading its writers toward the paperâ(TM)s singular Purpose of pointing out that its readers are deeply gullible people.

      The Onionâ(TM)s motto is central to this brief for two
      important reasons. First, itâ(TM)s Latin. And The Onion
      knows that the federal judiciary is sta

    • by lsllll ( 830002 )
      They referenced Hustler vs. Fawell in the brief! The brief is indeed very funny in the beginning and at times throughout, but it's rather and obviously convincing. I don't care whether the SCOTUS is mostly conservative, but I have no doubt they'll uphold their previous rulings and reverse the Sixth Circuit's ruling.
      • I hope so, but it's hard to say.
        The 6th circuit is overwhelmingly dominated by conservative-appointed Judges, with the plurality being Trump appointees.
    • Does it include Devin Nunes Cow. This whole thing is because republicans got their fee fees hurt
  • Hey Look (Score:3, Insightful)

    by T-RayTombstone ( 9147355 ) on Thursday November 03, 2022 @07:19PM (#63023021)
    Hey look, an ACTUAL first amendment issue!
  • by istartedi ( 132515 ) on Thursday November 03, 2022 @07:27PM (#63023045) Journal

    "This kind of thing doesn't happen in America. Maybe Ohio, but not America. Must. Tell. President. McCain."

  • by Anonymouse Cowtard ( 6211666 ) on Thursday November 03, 2022 @08:15PM (#63023119) Homepage

    If parody is a felony, just claim that it's satire.

    If satire is criminalized then outsource it to a foreign service.

    I can see an America, in about ten years, when a plane load of standup comics claim reverse asylum and risk their lives and liberty by trying to make you laugh again.

    • There are other tricks. Change the name of the person that is under parody. Make it happen in a different period of history. Monty Python's life of Brian is a nice example. It is actually even more funny that way.

      Vive la résistance.
  • by argStyopa ( 232550 ) on Thursday November 03, 2022 @09:38PM (#63023239) Journal

    I posted in a mmorpg blog (massivelyop.com) what I thought was the relatively innocuous thought that people should be able to paint their spaceships whatever color or colors they want.

    (The discussion was about the backlash when an online video game gave out rainbow ship skins, probably for pride month.)

    Where I went wrong was then asserting that this right of freedom of expression (no matter who it offended) actually belonged to anyone whether they wanted to paint a rainbow or MAGA on their ships.
    I was frankly mobbed by the (young) crowd of posters insisting that offending the sensibilities of homophobes was right and good, but that daring to offend THEIR sensibilities was inexcusable.

    The very idea that people are entitled to their own views whether or not they run in parallel to modern sensibilities is apparently anathema and incomprehensible.

    I'm getting too old for this world.

    • I was frankly mobbed by the (young) crowd of posters insisting that offending the sensibilities of homophobes was right and good, but that daring to offend THEIR sensibilities was inexcusable.

      Good.

      The MAGAts want to harm people, and that's what not just their rhetoric but also their very iconography is about. Make America Great Again is about turning back the clock to a time when it was better for white nationalists. It was worse for everyone else, and violently so, and their forebears (and in some cases themselves) were the ones perpetrating the violence — in many cases, against the people who are flying the rainbow flag now. What you're suggesting differs from suggesting that games shoul

    • by dfghjk ( 711126 ) on Friday November 04, 2022 @07:37AM (#63023833)

      "Freedom of expression" isn't a constitutional right. It's a term being used here pretty consistently to gaslight.

      Fundamentally, the issue you are referring to has nothing to do with anyone's rights because private companies can do as they wish. Instead, it's a conversation of what might be right or wrong. There may be good or bad decisions but it's not a question of legality.

      It should also be understood that rainbow decorations are affirmative expressions directed to traditionally victimized groups, MAGA ones are not. Because of that clear distinction, there is no reason to admire your position. According to you, if we're gonna support MLK then we must be fine with Hitler. The actual content matters.

    • The amount of censorship now is substantially less than it has been in the past. What you are seeing is a more vocal decrying of any attempt at quieting by private entities.

      If you think things are getting worse you weren't paying much attention in any previous decade to the groups being censored (ie you weren't one of them).

  • when The Onion is on the forefront of defending free speech to the Supreme Court.
    • by dfghjk ( 711126 )

      What have we come to when Onion articles are cited as though they were real news articles by one political party to trigger outrage? The humiliation these people suffer when they look in the mirror.

  • by Applehu Akbar ( 2968043 ) on Friday November 04, 2022 @12:21AM (#63023443)

    This foundation fights a lot of cases of this kind. Think of it as being like the ACLU, but for the entire Bill of Rights rather than just the First Amendment.

    I donate heavily to it, and have included it in my will.

  • ... if they are able to get a Supreme Court ruling in their favor, the Supreme Court decision to overturn the Roe v Wade decision is unfortunately quite indicative that precedent means very little to the Supreme Court anymore.

    A decision in their favor may benefit people for a while, but be aware that a future Supreme Court can overturn it at any time.

  • IANAL, but this

    "an Ohio state law against using a computer to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations"

    sounds to me totally different from

    "an Ohio law that makes parody a felony"

    The former sounds quite reasonable to me, unlike the latter. Correct me if I'm wrong.

    Is it possible that both the Onion and the "babylon bee", whatever this is, are trying to beat a straw man? Attacking a hypothetical law (which is not even proven that it ex

    • If I make any complaint, no matter how small, that creates a response from the local government or "commerical" operation, that would be considered a disruption. Resources needed to be diverted to respond to my complaint. https://reason.com/volokh/2019... [reason.com]
      • by dfghjk ( 711126 )

        "...that would be considered a disruption"

        By an unreasonable person. It's well down the slippery slope.

        Local governments choose whether or not to respond to your complaint, they are not compelled to do so. Local police ignore complains ALL THE TIME. Furthermore, their very existence is justified by these complaints. A complaint you make would potentially bind them to do their job, not to interfere with it. To call that a "disruption" would require far more than it mere existence.

        It should also be noted

    • by splutty ( 43475 )

      Correct, you are not a lawyer. Those are respectively "A law on the books." and a "Law created by precedence.".

      They're not the same law, nor do they have any direct relation, other than one being used to create case law.

  • Left-leaning Onion (Score:5, Insightful)

    by dfghjk ( 711126 ) on Friday November 04, 2022 @07:11AM (#63023761)

    It is sad that it is just accepted that The Onion is "left-leaning". What does it say when mere observational humor appears so biased that it becomes easy to criticize the authors as partisan? The fact is that parody sites like The Onion are not left-leaning but that the right-wing is so vulnerable to parody. Worse yet, the public simply accepts this garbage.

    Free speech is not absolute, and parody is not an absolute guarantor of free speech protection.

    • The fact is that parody sites like The Onion are not left-leaning but that the right-wing is so vulnerable to parody.

      The Onion has been consistently left-leaning because the right has been consistently easier to mock, and more in need of mockery. They have always mocked both the left and the right, but they have always had more to mock the right for.

      • by dfghjk ( 711126 )

        Well, we are in agreement except for terminology. The content generally favors left-leaning viewpoints; I say not because The Onion itself is left-leaning but because of modern politics (or perhaps because of the very nature of conservatism). I don't care that others say otherwise as long as the distinction is made. That the truth is left-leaning is a point that gets made often.

        And this is true for basically all parody news for a long time. Interestingly, the right has tried a number of times to mimic pa

    • I have read that less intelligent people appreciate humor less because they assume it is at their expense. How that feels in the audience may skew how people appreciate The Onion based on who is being lampooned in the particular article. I've seen the occasional funny article on The Bee but it mostly feels like a parody of parody, like trying to tell jokes that aren't funny on purpose but with less talent than the other comedians that use that style have.
    • "Reality has a well-known liberal bias" - Stephen Colbert
  • Gee wonder why that is? Is it because they know they're dicks and bullies and can't stand being made fun of?
  • We need these two groups to broadcast an annual friendly softball game. That would be great to see.

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