Hacker News new | ask | show | jobs
by Ivoirians 1319 days ago
The Onion actually recently submitted a hilarious satirical amicus brief to the Supreme Court for the case Novak v. City of Parma [1] that made a splash in legal Twitter, for a case where a man who was arrested for making a parody Facebook page of his local police department. The amicus brief is itself a parody, an irreverent joke that has been submitted as a sincere legal document. (Thanks to LegalEagle for making a video on this [2]).

The entire point of the amicus brief is an argument that labeling a parody as a parody destroys the point of the parody. The four arguments:

I. Parody Functions By Tricking People Into Thinking That It Is Real

II. Because Parody Mimics "The Real Thing," It Has The Unique Capacity To Critique The Real Thing

III. A Reasonable Reader Does Not Need A Disclaimer To Know That Parody Is Parody

IV. It Should Be Obvious That Parodists Cannot Be Prosecuted For Telling A Joke With A Straight Face

It seemed a bit relevant to this. It's pending certiori and might go ignored, but the Supreme Court could rule that parody is protected under the first amendment, which would make Twitter an opponent of actual free speech (the legislative definition, not the new internet definition).

[1] https://www.supremecourt.gov/DocketPDF/22/22-293/242292/2022...

[2] https://www.youtube.com/watch?v=LxTWonQvXkw

3 comments

Related:

The Onion files Supreme Court amicus brief defending the right to parody - https://news.ycombinator.com/item?id=33481989 - Nov 2022 (53 comments)

Defending parody: the most important amicus brief yet - https://news.ycombinator.com/item?id=33175057 - Oct 2022 (22 comments)

> III. A Reasonable Reader [...]

There. Here's the problem.

"Your honor, it's clear that my client cannot possibly be considered a reasonable human being, as evidenced by the fact that he is on Twitter."
If only it was limited to Twitter. I'd pay the $8/mo for an official extension that content-blocks everything emanating from that domain. Call it Twitter Pro-phylactic.
> I. Parody Functions By Tricking People Into Thinking That It Is Real

This is the opposite of what's true. Parody only functions because it's obviously NOT real, but real adjacent, a facsimile. How could it be a joke if you just think it's real and assimilate it into your world view?

It tricks people into (temporarily) thinking that it is real. For a brief moment, your brain has to work out that it's too absurd to be real.