In March 2016, Novak set up a Facebook page that purported to be that of the Parma Police Department. He published six satirical posts in 12 hours, one of which claimed there was a job opening to which minorities were encouraged not to apply and another that warned people not to give food, money or shelter to homeless people. The police department, claiming the posts had disrupted its operations, launched an investigation and ultimately searched Novak’s apartment, arrested him and jailed him for four days. Novak was charged under a state law that criminalizes disruption of police operations but acquitted at trial.
The police officers, Kevin Riley and Thomas Connor, say they had probable cause to arrest Novak because they genuinely believed his conduct was disrupting their operations. Novak sued the officers and the police department, saying they had violated his free speech rights, as well as his right to be free of unlawful searches and seizures under the Constitution’s Fourth Amendment. After lengthy litigation, a federal judge dismissed Novak’s claims. The Cincinnati-based 6th U.S. Circuit Court of Appeals agreed in a ruling in April that “the officers reasonably believed they were acting within the law” even if his Facebook page was obviously a parody. That’s because there was no court precedent saying it’s a violation of the Constitution to be arrested in retaliation for satirical remarks when the officers have probable cause, the court said. Novak’s appeal was backed by satirical news sites The Babylon Bee and The Onion, which filed a lighthearted brief saying its writers “have a self-serving interest in preventing political authorities from imprisoning humorists.”
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