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Jerry Falwell Vs. Hustler Magazine - College Term Paper

Jerry Falwell Vs. Hustler Magazine

The respondent, Jerry Falwell, a nationally known minister and
commentator of politics, filed a diversity action in Federal District Court
against the petitioners, Hustler Magazine, Inc., a nationally circulated
magazine and its publisher, to recover damages for, inter alia, libel and
in intentional infliction of emotional distress arising from the
publication of a parody that portrayed Falwell as having had a drunken
incestuous rendezvous with his mother in an outhouse. The jury found
against Falwell on the libel claim specifically because the parody couldn't
“reasonably be understood as describing actual facts...or events”, but it
ruled in his favor on the emotional distress claim, ...

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considered an
intentional infliction of emotional distress and awarded Falwell money.
This case then went to the U.S. Supreme Court where they decided that
because Falwell is a public figure for the purposes of the First Amendment
law, he couldn't sue for intentional infliction of emotional distress by “
outrageous” conduct and therefore the Court of Appeals' decision was
reversed.

Today, this case is still significant and cited because it gave a new
outlook on the First Amendment. I feel that the Supreme Court made both a
good and bad decision in this case. The bad part is that during election
time most forms of news are filled with negative ad campaigns. The good
part is that although there are these ads, they can't sue over them unless
it specifically lies.

Source

U.S. Supreme Court Opinions - http://laws.findlaw.com/US/485/46.html ...

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Jerry Falwell Vs. Hustler Magazine. (2008, June 16). Retrieved April 29, 2024, from http://www.essayworld.com/essays/Jerry-Falwell-Vs-Hustler-Magazine/85338

"Jerry Falwell Vs. Hustler Magazine." Essayworld.com. Essayworld.com, 16 Jun. 2008. Web. 29 Apr. 2024. <http://www.essayworld.com/essays/Jerry-Falwell-Vs-Hustler-Magazine/85338>

"Jerry Falwell Vs. Hustler Magazine." Essayworld.com. June 16, 2008. Accessed April 29, 2024. http://www.essayworld.com/essays/Jerry-Falwell-Vs-Hustler-Magazine/85338.

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PAPER DETAILS

Added: 6/16/2008 11:35:43 AM
Category: Legal Issues
Type: Premium Paper
Words: 335
Pages: 2

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