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Read the brief filed by The Onion. It is hilarious, but also a masterwork in arguing that parody only works by initially fooling people into believing it is rea

Read the brief filed by The Onion. It is hilarious, but also a masterwork in arguing that parody only works by initially fooling people into believing it is real, which is illustrated by its own parodies of a legal brief. People have been trying to sue parody creators for not including a disclaimer since before the US existed, see Jonathan Swift's A Modest Proposal. They cite ample precedents that US courts have consistently held that disclaimers are not needed to distinguish parody from sincere libel/slander for a "reasonable person," who precedent holds is not the average person or a "lowest-common denominator, but of reasonable intelligence and learning." https://www.supremecourt.gov/DocketPDF/22/22-293/242292/20221003125252896_35295545_1-22.10.03%20-%20Novak-Parma%20-%20Onion%20Amicus%20Brief.pdf https://www.supremecourt.gov/DocketPDF/22/22-293/242292/2022...

js2 4y ago
Relevant TAL episode prologue: https://www.thisamericanlife.org/775/the-possum-experiment https://www.thisamericanlife.org/775/the-possum-experiment Lady puts up "Cat Found" posters around her L.A. neighborhood with pictures of a possum, as a stunt: https://hw4.thisamericanlife.org/sites/default/files/styles/portrait/public/episodes/images/cat-found-poster-jlw-3.jpg https://hw4.thisamericanlife.org/sites/default/files/styles/... Her voice mail explodes with callers from all over the country after the poster gets shared online. Hundreds of calls. She gets three types of messages, which she catalogued: 1. Those who didn't realize it was a joke or weren't sure and called to politely let her know she had found a possum, not a cat. About 70% of callers. 2. Those who realized it was obviously a joke and called to tell her she had found their cat. About 20% of callers. 3. Those who didn't realize it was a joke and called to tell her how dumb she was. She got some really mean messages. About 10% of callers.
_carbyau_ 4y ago
I was dubious at first - but you are correct - even technically correct. Worth reading - or at least scanning - to understand both the seriousness of their filing and their parody of it in all seriousness.
cpncrunch 4y ago
>They cite ample precedents that US courts have consistently held that disclaimers are not needed to distinguish parody from sincere libel/slander for a "reasonable person," who precedent holds is not the average person or a "lowest-common denominator, but of reasonable intelligence and learning." This wasn't about slander though. It was about the 10 x unnecessary 911 calls caused by the page. He also didn't help himself by deleting all comments saying the page was fake, and posting a warning on his page when the police posted a warning about his fake page. https://en.wikipedia.org/wiki/Novak_v._City_of_Parma https://en.wikipedia.org/wiki/Novak_v._City_of_Parma
- ceejayoz 4y ago
  > It was about the 10 x unnecessary 911 calls caused by the page. That's a problem to address by telling those people not to make frivolous 911 calls.
  - pksebben 4y ago
    yeah, "your website is offensive" definitely falls under the purview of 311

js2 4y ago

Relevant TAL episode prologue: https://www.thisamericanlife.org/775/the-possum-experiment https://www.thisamericanlife.org/775/the-possum-experiment Lady puts up "Cat Found" posters around her L.A. neighborhood with pictures of a possum, as a stunt: https://hw4.thisamericanlife.org/sites/default/files/styles/portrait/public/episodes/images/cat-found-poster-jlw-3.jpg https://hw4.thisamericanlife.org/sites/default/files/styles/... Her voice mail explodes with callers from all over the country after the poster gets shared online. Hundreds of calls. She gets three types of messages, which she catalogued: 1. Those who didn't realize it was a joke or weren't sure and called to politely let her know she had found a possum, not a cat. About 70% of callers. 2. Those who realized it was obviously a joke and called to tell her she had found their cat. About 20% of callers. 3. Those who didn't realize it was a joke and called to tell her how dumb she was. She got some really mean messages. About 10% of callers.

_carbyau_ 4y ago

I was dubious at first - but you are correct - even technically correct. Worth reading - or at least scanning - to understand both the seriousness of their filing and their parody of it in all seriousness.

cpncrunch 4y ago

>They cite ample precedents that US courts have consistently held that disclaimers are not needed to distinguish parody from sincere libel/slander for a "reasonable person," who precedent holds is not the average person or a "lowest-common denominator, but of reasonable intelligence and learning." This wasn't about slander though. It was about the 10 x unnecessary 911 calls caused by the page. He also didn't help himself by deleting all comments saying the page was fake, and posting a warning on his page when the police posted a warning about his fake page. https://en.wikipedia.org/wiki/Novak_v._City_of_Parma https://en.wikipedia.org/wiki/Novak_v._City_of_Parma

ceejayoz 4y ago
> It was about the 10 x unnecessary 911 calls caused by the page. That's a problem to address by telling those people not to make frivolous 911 calls.
- pksebben 4y ago
  yeah, "your website is offensive" definitely falls under the purview of 311