Modern Australian
Men's Weekly

.

4.3 trillion readers can’t be wrong – why The Onion’s defence of satire should be heard by the US Supreme Court

  • Written by Stephen Skalicky, Senior Lecturer in the School of Linguistics and Applied Language Studies, Te Herenga Waka — Victoria University of Wellington
4.3 trillion readers can’t be wrong – why The Onion’s defence of satire should be heard by the US Supreme Court

If you’ve read, watched and enjoyed the work of America’s best-known satirical publication The Onion, you might be surprised by how serious it suddenly became earlier this month. So serious, in fact, that it might end up before the US Supreme Court.

Each year approximately 7,000 appellants peition to have their cases heard before the Supreme Court, but only 100 to 150 of these petitions are reviewed. What are known as amicus curiae briefs can be filed by interested third parties to strengthen the need for a petition to be seen by the court.

Little wonder, then, that it caught the eye of the media when such a brief was filed by The Onion. Despite the publication’s typically absurd claim to a daily readership of 4.3 trillion, the intent of the brief is far from ridiculous. Because The Onion believes the right to use satire is under threat.

The brief was filed to support an appellant named Anthony Novak, who in 2015 was arrested and charged with using a computer to disrupt police operations. The disruption was said to arise from Novak’s decision to create a satirical Facebook page identical in appearance to that of the police department in the city of Parma, Ohio.

At trial, Novak was found not guilty and then sued the city for violation of his civil rights. The city sought qualified immunity for its officers, which shields them from civil litigation unless they had been shown to violate someone’s civil rights – exactly the claim raised by Novak.

A state judge agreed with Novak and rejected the city’s qualified immunity, indicating Novak could sue. The city appealed and the case moved to the Sixth Circuit Court of Appeals. The Sixth Circuit reversed the lower court’s rejection and ruled the officers should be granted qualified immunity because Novak’s actions were not protected speech.

This barred Novak from seeking any damages for his arrest. His last chance for appeal is now in the hands of the Supreme Court.

Satire and protected speech

The purpose of The Onion’s brief is to provide additional information about the nature of satire, and to urge the Supreme Court to hear Novak’s case and reconsider the decision handed down by the Sixth Circuit.

It’s written with humorous and satirical flair, and is indeed a very good read. True to form, though, the playful aspects of The Onion’s brief contain a serious message: if the Supreme Court were not to hear Novak’s case, future satirists (including the writers at The Onion) may face legal prosecution for creating satire.

Therefore, it argues, the Supreme Court must hear Novak’s case to ensure the preservation of satire as a legitimate means of free speech.

Read more: Ninety years on, what can we learn from reading Evelyn Waugh's troubling satire Black Mischief?

Yet more than 30 years ago, the Supreme Court decided in Hustler v. Falwell that satire and parody are protected speech under the First Amendment of the US Constitution. Why then did the Sixth Circuit rule in favour of the city if Novak’s page was a form of protected speech?

The reason is simple: the Sixth Circuit limited the boundaries of what it considered to be satire. In its decision, the Sixth Circuit noted that while the Facebook site was satire and thus protected, Novak also deleted spoiler comments from his page and copied a warning from the real page to his own.

The Sixth ruled the police officers could not be expected to extend first amendment protection to these actions and thus granted them qualified immunity, squashing Novak’s civil suit.

The court’s decision presents a quandary: how can the creation of a satirical work be protected speech when the maintenance of the work is not? The seemingly contradictory logic behind the Sixth Circuit’s decision is why The Onion’s brief is so important – it provides a definition of satire from a position of experience and expertise.

Defining how satire works

So, what is satire and how does it work? While there is a tradition of defining it as a literary genre, satire is much more than a category on a bookshelf. Satire can occur in any medium, such as Novak’s Facebook page.

This is because satire is “parasitic” – a satirist appropriates formal features of an existing genre, person or event to create a pretence of authenticity and sincerity. By pretending to be something it is not – such as a news story or a police Facebook page – a satirical work arouses expectations and stereotypes associated with that genre.

At the same time, the satirist provides indirect and subtle clues which, when interpreted correctly, belie the satirical pretence and pull back the curtain to expose the ruse, which distinguishes the satire from the real thing.

Read more: What makes a good literary hoax? A political point, for starters

The second step must be indirect for satire to work, and it cannot work if the satirical object is labelled “satire” in advance. This point is strongly emphasised in The Onion’s brief: killing the satirical pretence kills the satire. If Novak’s efforts to maintain a satirical pretence are an arrestable offense, then satire is no longer protected speech.

Whether Novak’s case goes to the Supreme Court is still uncertain, and the details of his case are more nuanced than asking whether someone can be jailed for making satire. Instead, the Supreme Court would need to draw new lines defining what satire is and how it works. Agreeing on a universal definition of satire is far from easy.

Fortunately, “America’s Finest News Source” has provided the court with an excellent explanation, demonstrating just how serious satire can be.

Authors: Stephen Skalicky, Senior Lecturer in the School of Linguistics and Applied Language Studies, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/4-3-trillion-readers-cant-be-wrong-why-the-onions-defence-of-satire-should-be-heard-by-the-us-supreme-court-192730

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...

The Expert's Guide to Understanding Large Bore Steel Pipe Specifications

When it comes to infrastructure, construction, and various industrial applications, the choice of materials is paramount. Among the options availabl...

Preparing for Your First Trip to San Francisco in 2026

San Francisco has long occupied a particular place in the Australian imagination. It is compact yet complex, progressive but historic, and visually st...

Modern Office Painting in Australia - It's the Real Game Changer

Walk into any modern Australian office today and you'll be struck by the fact it's a whole different beast from the ones we grew up with. Gone are t...

How to Choose the Right Suburb for Your Lifestyle

Choosing the right suburb is one of the most important decisions you’ll make when buying or renting a home. Beyond the property itself, the suburb...

Considering Cryolipolysis Fat Freezing? Here’s What You Need to Know

Body confidence can shift over time, and sometimes even good diet and training can still leave a stubborn area of fat that won’t budge. If you’r...

From Local Tradie to Digital Leader: The Strategy Behind Auto Gate Guys Sydney’s Growth

For many small trade businesses, digital marketing still feels like a buzzword, not a necessity. They rely on word-of-mouth referrals, repeat clients...

Electric Automation System: Smarter Control for Modern Electrical Infrastructure

Modern buildings and industrial facilities are increasingly dependent on intelligent control and efficiency. An electric automation system brings t...

The Damp Truth: Why Your Overflowing Gutters Are an Open Invitation for Termites

When it comes to protecting your home, most people think about visible threats — storm damage, cracked tiles, break-ins. But one of the most destruc...

Is Your Inventory a Sitting Duck? 2 Critical Upgrades to Protect Your Business Assets and Your Bottom Line

Imagine this: you finish a long day on the job, lock up your tools, materials, and work vehicle in the garage, and head home. But overnight, someone b...

Electrician in Melbourne: Reliable Electrical Solutions for Homes and Businesses

Finding a dependable electrician Melbourne is essential when safety, efficiency, and long-term performance matter. Electrical systems form the back...

Rims and Tyres for Sale in Sydney: Performance, Safety, and Style Combined

Finding the right rims and tyres for sale Sydney is about far more than appearance. Tyres and rims directly influence how a vehicle handles, brakes...

Why Access to Doctors in Bundoora Is Essential for Ongoing Community Health

Reliable access to healthcare plays a vital role in maintaining physical wellbeing and peace of mind. Having trusted doctors in Bundoora available ...

Pendant Lights: Elevating Interior Spaces With Style and Purpose

Well-chosen pendant lights have the power to transform interiors by combining focused illumination with strong visual impact. More than just a ligh...

What Sets Professional Family Lawyers in Sydney Apart from General Lawyers?

Choosing the right legal support can make a noticeable difference when dealing with family-related matters. This article will explore what separates...

Balancing Teen Academic Expectations and Wellbeing

For many teenagers, school years are shaped by increasing expectations. Academic performance, future pathways, and comparison with peers can create pr...

Why Ceiling Fans Remain One of the Most Effective Solutions for Year-Round Comfort

Creating a comfortable indoor environment without relying heavily on energy-intensive systems is a priority for many households. Installing ceiling ...