The case arose in March 2016 after Anthony Novak anonymously created a parody Facebook page to mock the Parma Police Department and published six posts on the parody page ridiculing the police as incompetent, racist, cruel, and lenient on serious crime. The satirical posts included: an announcement about a white male who got away after committing an armed robbery of a Subway sandwich shop, but only requesting information to “bring to justice” an “African American woman” who was merely loitering in front of the shop; an announcement that new police officers would be eligible based merely on “a 15 question multiple choice definition test followed by a hearing test” but “strongly encouraging minorities to not apply;” and an announcement of an “official stay inside and catch up with family day” to “reduce future crimes” during which anyone outside would be arrested. Novak deleted the page after only twelve hours, but not before several Facebook users had reported it to police as fake. Police claimed that the handful of non-emergency calls about the fake page disrupted public services.
Although Novak defended his parody site as his attempt “to exercise his fundamental American right of mocking our government officials,” he was charged with using a computer to disrupt police functions. Novak was subsequently arrested, jailed for four days before he made bond, and had his apartment searched and phone and laptop seized by Ohio police allegedly in retaliation for the parody Facebook page. At trial, Novak was found not guilty of the criminal charge. After the criminal charge against him was dismissed, Novak sued the police for retaliating against him and restraining his speech in violation of the First Amendment, and for malicious prosecution and unlawful search, seizure, and arrest in violation of the Fourth Amendment. The Sixth Circuit Court of Appeals subsequently granted police qualified immunity for arresting Novak over his satirical posts which should be protected speech.
Thomas J. Eastmond of Holland & Knight LLP advanced the arguments in The Rutherford Institute's brief in Novak v. City of Parma. The Onion and the Babylon Bee also filed amicus briefs in the case.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
This press release is also available at www.rutherford.org.
Source: https://bit.ly/3Y0fOng
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