'The Babylon Bee' Joins 'The Onion' In Decrying Law That Makes Parody a Felony

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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