Best amicus curiae

One can only enjoy this amicus curiae submission from The Onion in a Supreme Court case about parody. Their introduction is typical Onion:

The Onion is the world’s leading news publication, offering highly acclaimed, universally revered coverage of breaking national, international, and local news events. Rising from its humble beginnings as a print newspaper in 1756, The Onion now enjoys a daily readership of 4.3 trillion and has grown into the single most powerful and influential organization in human history.

In addition to maintaining a towering standard of excellence to which the rest of the industry aspires, The Onion supports more than 350,000 full- and parttime journalism jobs in its numerous news bureaus and manual labor camps stationed around the world, and members of its editorial board have served with
distinction in an advisory capacity for such nations as China, Syria, Somalia, and the former Soviet Union.

On top of its journalistic pursuits, The Onion also owns and operates the majority of the world’s transoceanic shipping lanes, stands on the nation’s leading edge on matters of deforestation and strip mining, and proudly conducts tests on millions of animals daily.

But they are intervening to make a serious point:

Third, the Sixth Circuit’s ruling imperils an ancient form of discourse. The court’s decision suggests that parodists are in the clear only if they pop the balloon in advance by warning their audience that their parody is not true. But some forms of comedy don’t work unless the comedian is able to tell the joke with
a straight face. Parody is the quintessential example.

Parodists intentionally inhabit the rhetorical form of their target in order to exaggerate or implode it—and by doing so demonstrate the target’s illogic or absurdity.

And in summary:

This Court has traditionally been hesitant to chill speech, and the prospect of chilling parody by imprisoning its practitioners provides equal cause for caution. “What may be difficult to communicate or
understand when factually reported may be poignant and powerful if offered in satire.” Rogers v. Grimaldi, 695 F. Supp. 112, 123 (S.D.N.Y. 1988), aff ’d 875 F.2d 994 (2d Cir. 1989). “ ‘[T]he last thing we need, the last thing the First Amendment will tolerate, is a law that lets public figures keep people from mocking them.’ ” Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959, 972–73 (10th Cir. 1996) (quoting White v. Samsung Elecs. Am., Inc., 989 F.2d 1512, 1519 (9th Cir. 1993) (Kozinski, J., dissenting)).

The Onion intends to continue its socially valuable role bringing the disinfectant of sunlight into the halls
of power. See Buckley v. Valeo, 424 U.S. 1, 67 (1976) (quoting Louis D. Brandeis, Other People’s Money and How the Bankers Use It 62 (National Home Library Foundation ed. 1933)). And it would vastly prefer that sunlight not to be measured out to its writers in 15- minute increments in an exercise yard.

I hope the Supreme Court agrees with them.

Comments (11)

Login to comment or vote

Add a Comment