Hustler v falwell 1988

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  • 26.11.2018
Hustler Magazine, Inc. Falwell , U. In an 8—0 decision, the Court ruled in favor of Hustler magazine, holding that a parody ad published in the magazine depicting televangelist and political commentator Jerry Falwell as an incestuous drunk, was protected speech since Falwell was a public figure and the parody could not have been reasonably considered believable. Therefore, the Court held that the emotional distress inflicted on Falwell by the ad was not a sufficient reason to deny the First Amendment protection to speech that is critical of public officials and public figures. Known for its explicit pictures of nude women, crude humor, and political satire, Hustler , a magazine published by Larry Flynt , printed a parody ad in its November issue [3] that targeted Jerry Falwell, a prominent Christian fundamentalist televangelist and conservative political commentator. The parody was mimicking the popular advertising campaigns that Campari , an Italian liqueur, was running at the time that featured brief contrived interviews with various celebrities that always started with a question about their "first time", a double-entendre intended to give the impression that the celebrities were talking about their first sexual encounters before the reveal at the end that the discussion had actually concerned the celebrities' first time tasting Campari.
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Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988)

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Global Freedom of Expression | Hustler Magazine, Inc. v. Falwell - Global Freedom of Expression

The majority acknowledged that permitting broad First Amendment protections may lead to speech that is offensive or hurtful in its criticism of public figures. However, those protections remain in effect unless the speech is both false and made with actual malice. In other words, it must satisfy both the standard applied under state law and the standard in New York Times Co. Sullivan if the target is a public figure. This reasoning does not apply to speech that targets private citizens. Rehnquist was not persuaded that the First Amendment should be cast aside when a parody was particularly outrageous, since this will be hard to apply consistently across many juries and jurisdictions.
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Falwell sues in response to ad falsity

Not a Lexis Advance subscriber? Try it out for free. Public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications without showing in addition that the publication contains a false statement of fact which was made with "actual malice," i. A magazine of nationwide circulation, parodying a series of liquor advertisements in which celebrities speak about their "first time," published an advertisement parody--labeled on the bottom, in small print, as an "ad parody not to be taken seriously"--in which a nationally known minister and commentator on politics and public affairs was presented as recalling, in a supposed interview, that his "first time" was during a drunken incestuous rendezvous with his mother in an outhouse. The minister, claiming that the publication of the ad parody entitled him to damages for libel, invasion of privacy, and intentional infliction of emotional distress, brought a diversity action against the magazine and its publisher in the United States District Court for the Western District of Virginia.
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Jump to navigation. Respondent, a nationally known minister and commentator on politics and public affairs, filed a diversity action in Federal District Court against petitioners, a nationally circulated magazine and its publisher, to recover damages for, inter alia, libel and intentional infliction of emotional distress arising from the publication of an advertisement "parody" which, among other things, portrayed respondent as having engaged in a drunken incestuous rendezvous with his mother in an outhouse. The jury found against respondent on the libel claim, specifically finding that the parody could not "reasonably be understood as describing actual facts. The Court of Appeals affirmed, rejecting petitioners' contention that the "actual malice" standard of New York Times Co.
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