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Reason
Reason
Politics
Eugene Volokh

Babylon Bee Files Amicus Brief in Support of Parody Rights—and Doesn't File an Amicus Brief Opposing It

Not to be outdone by The Onion's amicus brief in Novak v. City of Parma, The Babylon Bee filed an amicus brief in support of the parodist as well. Check out the URL; it starts with "https://www.supremecourt.gov/." Here's the opening of the Summary of Argument:

Truth is stranger than fiction. And fiction is illegal. At least in the Sixth Circuit. That court's decision—depriving Petitioner Anthony Novak of any opportunity to hold accountable those who searched his home, arrested him, and jailed him because the parody he wrote was too effective—should be reviewed by this Court on the merits.

First, parody plays an invaluable role in a free society. When parody is imperiled, citizens are deprived of one of their most effective means of criticizing the government.

Second, the Sixth Circuit's ruling will allow the state to punish vast swaths of speech erstwhile protected by the First Amendment. The Bee and its writers could be held criminally liable for many, if not most, of the articles The Bee publishes. Good grief, The Bee could even be on the hook for publishing this brief's doppelganger.

Third, the prospect that an individual or entity charged with a speech crime might ultimately be vindicated at a criminal trial does little, if anything, to temper the speech-chilling effects of the decision below….

The Babylon Bee also did not file, but nonetheless published, a different amicus brief opposing the parodist (which I think is even funnier than the real brief). Here's the Summary of Argument of that one:

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