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Hustler v fallwell

Closed Expands Expression. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy:. Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. The U. Supreme Court held that public figures cannot recover damages for the intentional infliction of emotional distress by a publication without showing that it contains a false statement of fact made with actual malice.
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Hustler Magazine Inc. v. Falwell

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Hustler v. Falwell

The Rev. Jerry Falwell, center, listens as his legal counsel, Norman Grutman, talks to reporters outside the U. Supreme Court Wednesday December 2, after a court session dealing with a suit filed by Falwell against Hustler magazine and its publisher Larry Flynt. At right is Falwell's wife, Macel Falwell. In Hustler Magazine v.
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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.
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The U. Jerry Falwell for his emotional distress at having been parodied in Hustler, a pornographic magazine. In doing so, it reversed both a jury award against Flynt and a ruling by the U. Although Hustler's parody was judged to be in poor taste, the court nevertheless held that it fell within the First Amendment's protection of freedom of speech and the press.

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