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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 Sr. 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 monthly 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.

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The First Amendment Encyclopedia

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Flashback: Hustler Scores First Amendment Win Against Jerry Falwell - Rolling Stone

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. Falwell, U.
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Flashback: Hustler Magazine Scores First Amendment Victory Against Jerry Falwell

Hustler publisher Larry Flynt became a free-speech activist when he defended himself in a defamation suit from Jerry Falwell, which went all the way to the Supreme Court. In the s, few figures loomed larger — or exerted greater influence — on the national stage than televangelist Jerry Falwell. Of course, that put him in the crosshairs of progressives. In its November issue, Hustler Magazine published a satirical ad focused on Falwell. In the parody, a dignified headshot of Falwell complements a bottle of the imported aperitif, with a transcript of the supposed exchange written in-between.
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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. Sullivan, U. Rejecting as irrelevant the contention that, because the jury found that the parody did not describe actual facts, the ad was an opinion protected by the First Amendment to the Federal Constitution, the court ruled that the issue was whether the ad's publication was sufficiently outrageous to constitute intentional infliction of emotional distress.
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