In 2016, Anthony Novak was arrested for creating a fake Facebook page that impersonated and made fun of the Parma, Ohio, police department. He was charged under an obscure law that “prohibits using a computer to interfere with police duties.” However, he was ultimately acquitted of the charges, and decided to file a civil suit against the arresting officers for violating his free speech rights. However, this week, that case was also dismissed by a federal court, sparking a debate about the future of free speech on the world’s largest social media platform.
According to the court, Novak’s case lost its legitimacy because he closely impersonated the real police department’s page, borrowing their profile picture and copying some of their posts word for word. He also deleted comments trying to clarify that his page wasn’t the real one. However, some free speech experts find this to be a flimsy reason to dismiss his case.
“The parodical Facebook page is very clearly protected by the First Amendment, and the court’s weaseling its way into finding a question about that beggars belief,” free speech attorney Ari Cohn told Reason. “The power of parody and satire draws in large part from its ability to closely mimic its target while adding absurdist exaggeration.”
As is often the case, Facebook finds itself at the center of speech controversy. But this time, there’s nothing the company can do to clarify the issue.
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