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What were the constitutional issues in Hustler Magazine v. Falwell 1988?
Wiki User
∙ 14y ago
Hustler Magazine, Inc. v. Falwell, 485 US 46 (1988)
The question before the Court was: "Does the First Amendment's freedom of speech protection extend to the making of patently offensive statements about public figures, resulting perhaps in their suffering emotional distress?"
Hustler v. Falwell was both a First Amendment challenge and a civil case alleging invasion of privacy, libel and intentional infliction of emotional distress, after Hustler ran a parody of a Compari liquor ad implying Falwell lost his virginity to his mother in a drunken encounter in the family outhouse.
Falwell believed the ad was so "outrageous" and offensive, it shouldn't qualify for First Amendment protection. Falwell was a public figure, however, and subject to fair comment in the form of parody. In order to prove libel by the higher standard outlined in New York Times v. Sullivan (1964), Falwell claimed the ad was created with "actual malice." In legal terms, "actual malice" refers to publishing statements known to be false, or acting in reckless disregard for the truth. "Actual malice" is not synonymous with "malicious intent," a desire to do harm.
The Supreme Court held that the "actual malice" test was not applicable because the US District Court jury had found Hustler, and its publisher Larry Flynt, not guilty of libel. The parody was unbelievable, and was never implied to portray truth. Further, the Court held that "outrageousness" is a subjective concept that can't reasonably used as a legal theory for filing civil suit, and that intentional infliction of emotional distress, by itself, was not sufficient grounds for a monetary award. In light of the jury finding, there was no basis for awarding Falwell damage for "emotional distress."
The Court held that the interest in protecting free speech surpassed the state's interest in protecting public figures.
For more information, see Related Questions and Related Links, below.
Wiki User
∙ 14y ago
The main constitutional issue in Hustler Magazine v. Falwell (1988) was whether a public figure could recover damages for emotional distress caused by a parody advertisement in a magazine. The Supreme Court held that the First Amendment protected the magazine's right to satirize public figures, even if the parody was deemed offensive, as long as it could not reasonably be interpreted as stating actual facts.
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What are the release dates for Back Issues The Hustler Magazine Story - 2014?
Back Issues The Hustler Magazine Story - 2014 was released on: USA: 14 February 2014
Where can you find past models in Hustler magazine?
Past models in Hustler magazine can typically be found in archived issues available for purchase through online retailers, such as the official Hustler website or adult entertainment websites. Additionally, some libraries may have archived copies of the magazine for reference.
What rules of law applied in Hustler Magazine v Falwell?
In the case of Hustler Magazine v. Falwell, the United States Supreme Court ruled that the First Amendment protected a satirical advertisement published in Hustler magazine, which was considered offensive by Reverend Jerry Falwell. The court held that public figures could not recover for intentional infliction of emotional distress without showing that the publication contained a false statement made with actual malice. This case reaffirmed the importance of protecting freedom of speech and the press, even when the speech is offensive or distasteful.
There was a story about ricahrd ramirez in hustler magazine in the 1990's that contained a picture of a skull that was created with naked women how can I go about getting a copy of that picture?
Searching for the article showed that it was in a Issue #6, in June of 1996. You can order back issues from several used magazine web sites, or directly from Hustler. See the related link below.
What are the top 10 most valuable hustler magazines?
The most valuable issues of Hustler magazine are typically the early ones from the 1970s, featuring iconic covers and content. Some of the top 10 most valuable issues include the first issue from 1974, the ones featuring celebrities like Vanessa Williams or Traci Lords, and issues with controversial or rare content. The value of these magazines can vary based on condition and demand from collectors.
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In the US Supreme Court case Hustler Magazine v. Falwell what were the circumstances surrounding the case?
Hustler Magazine, Inc. v. Falwell, 485 US 46 (1988)Hustler Magazine v. Falwell established First Amendment protection for publishing subjectively offensive statements about public figures (in the absence of libel), even if the public figure alleges the statements cause emotional distress.The case against Hustler and its publisher, Larry Flynt, arose from a parody of a well-known series of Compari liquor magazine ads that ran in the early 1980s. The real ads featured photographs and interviews with well known celebrities, under the headline "[Celebrity] talks about his first time." "First time" referred to drinking Compari, but was an intentional double-entendre implying a first sexual experience.The parody featured a picture of Reverend Jerry Falwell, a fundamentalist minister and leader of an ultraconservative political group called the Moral Majority under the standard headline, "Jerry Falwell talks about his first time." The layout looked like an actual Compari ad, but featured the phrase "Ad parody. Not to be taken seriously." in small type at the bottom of the page. The table of contents also stated the ad content was fictional. Flynt published the November 1983 piece in a deliberate attempt to "settle a score" with Falwell over his public denunciation of Flynt's private life.The criticism against Falwell was scathing. In the mock interview, "Falwell" claimed to have lost his virginity to his mother in a drunken rendezvous in the family outhouse. It also implied Falwell was a hypocrite who only preached when drunk.Jerry Falwell filed a $45 million civil action against both Hustler Magazine and Larry Flint, asserting charges of invasion of privacy, libel, and intentional infliction of emotional distress. In order to underwrite legal expenses, the preacher solicited donations from members of the Moral Majority, viewers of his Old Time Gospel Hour, and unnamed private patrons. In all, he raised $717,000.00 from supporters.Larry Flynt retaliated by filing copyright infringement charges against Falwell for circulating copies of the Hustler parody in his mail solicitations (a cheeky move, considering Flynt was guilty of copyright and trademark infringement against Compari), and by running the piece a second time, in the March 1984 issue (on the newsstands in February 1984). The court later dismissed Flynt's case on the grounds that Falwell's use of the parody fell under the Fair Use Clause of the Copyright Act.Falwell's attorney, Norman Roy Grutman, filed a second count of each civil charge with the US District Court for the Western District of Virginia. Flynt hired Allan Isaacman to defend his case.One of the more memorable incidents in the case occurred during the pretrial phase, when Grutman attempted to take a deposition from Flynt while Flynt was serving time in a North Carolina prison on unrelated contempt of court charges.Flynt, who had been shot and was paralyzed from an encounter with a white supremacist gunman in 1975, was wheeled into the room handcuffed to a hospital gurney. Heavily medicated, but not incoherent, Flynt portrayed himself as mentally ill during the taped deposition, responding to Grutman's questions with crazy and inflammatory answers.When asked to state his name for the record, the publisher replied, "Christopher Columbus Cornwallis I.P.Q. Harvey H. Apache Pugh. They call me Larry Flynt. And all those historical figures." When asked to clarify that he was known as Larry Flynt, the man responded, "No. Jesus H. Flynt, Esquire." His responses continued in that vein throughout his testimony. Against his attorney's advice, Flynt proudly claimed responsibility for the satirical ad, freely admitted his intention was to "settle a score," and stated his goal was "to assassinate" Falwell's integrity. Flynt's testimony was damaging to his defense.Allan Isaacman attempted to have the videotape excluded as trial evidence on the grounds that his client was mentally incompetent, on drugs, and suffering from the manic phase of bipolar disorder at the time of deposition. Chief Judge James Turk, who presided over the case, initially agreed to withhold the tape from the jury, but reversed his decision on the day of the trial.Judge Turk dismissed the invasion of privacy charges against Flynt because Falwell was a public figure who was subject to fair comment. He allowed the two counts each of libel and intention infliction of emotional distress to stand and be heard by the jury.Falwell presented himself to the jury as reserved and proper, and expressed anguish at the "besmirching and defiling of my dear mother's memory." Falwell told the jury his father had been an alcoholic, but that he had been a teetotaler since 1952 (more than 30 years). He also described his activities as leader of the Moral Majority, and referred to himself as the second most admired man in America, behind the President [Reagan]. Falwell acknowledged attempting to influence public opinion against pornography, and denouncing Hustler and Flynt personally.Flynt's testimony at trial was far different from the deposition he gave in prison. On direct examination by his own attorney, he told the jury the idea for the Falwell ad originated with a freelance writer, Mike Salisbury, who sold the magazine four or five ideas that day, the Compari ad featuring Falwell among them. Flynt denied that he or his staff participated in creating the ad, and claimed the target was Compari, not Falwell. Falwell's name and photo were used only because Falwell's public image was the opposite of the impression Compari attempted to project. Flynt adamantly denied having any intent to harm Falwell's reputation.Flynt testified:"Well, we wanted to poke fun at Campari for their type advertisement because the innuendos that they had in their ads made you sort of confused as to if the person was talking about their time as far as a sexual encounter or whether they were talking about their first time as far as drinking Campari."Of course, another thing that you had to do is to have a person, you know, that is the complete opposite of what you would expect. If someone such as me might have been in there I don't know how people would have interpreted it. But if somebody like Reverend Falwell is in there it is very obvious that he wouldn't do any of these things; that they are not true; that it's not to be taken seriously."But where the irony and humor is found in this, while it might not be funny to certain people and they may not see the satire in there, they have to consider how different people around the country perceive Falwell to be in terms of his political activities, his beliefs, how he wants people to perceive him as, you know, he would like to be loved, have recognition, acceptance by the people. There's nothing wrong with this, but when it happens, you know, ego comes into play."The best example I can say is when somebody asks me why Reverend Falwell, the only thing I can point out is why did Walter Mondale, during the debates in Louisville, "Do you want Reverend Falwell to be involved in selecting the next Supreme Court?" Now, that was strictly to make a political point, but that means that he, more than any other evangelist is involved in the mainstream of politics. And there is a great deal of people in this country, especially the ones that read Hustler Magazine, that feel that there should be a separation between church and state. So, when something like this appears it will give people a chuckle. They know this was not intended to defame the Reverend Falwell, his mother or any members of his family because no one could take it serious."On December 8, 1984, the jury in the trial of Falwell v. Flynt returned a verdict in favor of Larry Flynt and Hustler on the charges of libel, determining the ad was too outrageous to be believable and had never been presented as fact. They found in favor of Falwell, however, on the separate counts of intentional infliction of emotional distress, and awarded him a total of $200,000 in compensatory and punitive damages.On August 5, 1986, the US Court of Appeals for the Fourth Circuit affirmed the District Court verdict and upheld the award for damages. On November 4, 1986, the Fourth Circuit denied Flynt's appeal for rehearing on constitutional grounds.Flynt's attorney petitioned the US Supreme Court and was granted certiorari. Isaacman and Grutman argued before the Court on December 7, 1987. By then, the case had become focused on First Amendment issues, with Isaacman asserting the right of political speech and Grutman arguing the ad was so outrageous it should present an exception to First Amendment protection.The US Supreme Court overturned the lower court ruling against Flynt and Hustler, and threw out the jury award, holding that public figures cannot collect damages for "emotional distress" in the absence of a finding of libel with "actual malice," a standard set in New York Times v. Sullivan, (1964).Chief Justice Rehnquist, speaking for the Court, quoted from another First Amendment case, FCC v. Pacifica Foundation,(1978):"[T]he fact that society may find speech offensive is not a sufficient reason for suppressing it. Indeed, if it is the speaker's opinion that gives offense, that consequence is a reason for according it constitutional protection. For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas."For more information, see Related Questions and Related Links, below.
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