A federal appeals court on Monday said an Ohio man who was acquitted of a felony after creating a parody Facebook page that mocked a subur...
A federal appeals court on Monday said an Ohio man who was acquitted of a felony after creating a parody Facebook page that mocked a suburban Cleveland police department can sue the city and two police officers over his arrest.
In a 3-0 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati said Anthony Novak can pursue several claims over his March 2016 posting of what he admitted was an “insulting parody” of the Parma police department’s Facebook page.
Novak had sued for damages after being acquitted in August 2016 of disrupting police services over his parody page, which was taken down after about 12 hours.
The page included several posts, including for a food drive to help teenagers obtain abortions, a recruitment ad “strongly encouraging minorities to not apply,” and a “pedophile reform event” encouraging attendees to obtain honorary police officer status and “have fun out there!”
Circuit Judge Amul Thapar, an appointee of U.S. President Donald Trump, rejected claims by officers Kevin Riley and Thomas Connor that they were immune from being sued, and said he lacked jurisdiction for now to dismiss Novak’s claims against the city.
He said Novak could try to show a jury that his Facebook page was constitutionally protected parody under the First Amendment, and that Parma police imposed a prior restraint on his speech and acted in bad faith.
Thapar dismissed claims that the officers violated Novak’s right to speak anonymously and illegally censored his speech in a public forum, saying those claims were not grounded in clearly established law.
“Novak’s page delighted, disgusted, and confused. Not everyone understood it,” Thapar wrote. “But when it comes to parody, the law requires a reasonable reader standard, not a ‘most gullible person on Facebook’ standard. The First Amendment does not depend on whether everyone is in on the joke.”
Steven Strang, a lawyer for the defendants, declined to comment.
Novak’s lawyer, Subodh Chandra, welcomed the decision. “This case goes to the heart of what it means to be an American,” he said in an interview. “We have not only the right to criticize government, but to mock it mercilessly.”
The appeals court returned the case to U.S. District Judge Dan Polster in Cleveland.
Yeah but claiming the police were hosting events they were not can lead to trouble, yes I know its a paradoy page but this is the internet and people don't always pick up on those cues
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ReplyDeleteIt is Time for a National Memorial to Citizen Victims .
Mandatory Law needed: The Abused Citizen Victim Apology Law:
Any time the police botch a raid on the wrong house, murder a Citizen for no cause, recklessly injure, kill, a Citizen, and other false arrests where their TAXPAYER FUNDED body-cameras "just happen" to not work, and every other screw-up situation ....... EVERY cop anywhere in the area shall assemble, "Take a Knee" and cover their hearts with their covers in apology. with their cars flashing lights .................... The same actions will take place for Citizen funerals.
A prominent memorial to be erected in every large city dedicated to the innocent victims of abusive and corrupt police. Annually, a day of reflection and regret. on date (May 26th?) to be determined, there will be a Citizen Victim Day whereupon EVERY cop will assemble at said monument to meditate and reflect on Murdered Citizens and again kneel, doff covers, and pray to God for forgiveness.
There will be mandatory monthly ethics classes on such subjects as "Negative Effect on Society of Perjury by police" and "Sociatal impact of Murder by police".
These acts shall be in addition to punitive damages and restitution paid.
Have you noticed there are no massive funerals with TAXPAYER FUNDED police cars/equipment and TAXPAYER PAID police saluting for the VICTIMS of police MURDERS?
Where is the recognition and apologies to the VICTIMS of their BLUNDERING???
Always remember ---- these are the "HIGHLY TRAINED PROFESSIONALS" that the government says will protect you if you just be nice and give the government your guns. Police murder more Citizens every year than do terrorists.
The cowardice of hiding MURDER behind lies of "resisting arrest" and "I was in fear for my life" should immediately disqualify for life anyone from ever engaging in "law enforcement" . If you are that cowardly you should be a greeter at Walmart.
Yeah sure, the POLICE - --- Currently, in the U.S., law enforcement kills around 1,200 citizens per year. Ironically, that number is actually four times higher than those who die from rifles. As has been recorded, cops have killed 450 percent more people than have died in the past forty years of mass shootings.
Judgements of that nature should be taken from the police department retirement funds. Not the taxpayers... When department retirement funds are depleted by lawsuits, there should be no taxpayer funded bailouts.
Our 'Heroes in Blue' don't seem open much to any criticism, do they? IDF-training?
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