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2 The Onion’s journalists have garnered a sterling repu- tation for accurately forecasting future events. One such coup was The Onion’s scoop revealing that a for- mer president kept nuclear secrets strewn around his beach home’s basement three years before it even hap- 2 pened. The Onion files this brief to protect its continued ability to create fiction that may ultimately merge into reality. As the globe’s premier parodists, The Onion’s writers also have a self-serving interest in preventing political authorities from imprisoning humorists. This brief is submitted in the interest of at least mitigating their future punishment. --------------------------------- ♦ --------------------------------- INTRODUCTION AND SUMMARY OF ARGUMENT Americans can be put in jail for poking fun at the government? This was a surprise to America’s Finest News Source and an uncomfortable learning experi- ence for its editorial team. Indeed, “Ohio Police Officers Arrest, Prosecute Man Who Made Fun of Them on Fa- cebook” might sound like a headline ripped from the front pages of The Onion—albeit one that’s considera- bly less amusing because its subjects are real. So, when 2 See Mar-a-Lago Assistant Manager Wondering if Anyone Coming to Collect Nuclear Briefcase from Lost and Found, The Onion, Mar. 27, 2017, https://bit.ly/3S40xiP.

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