Hustler Magazine v. Falwell
Supreme Court of the United States
Argued December 2, 1987 Decided February 24, 1988
Full case name: Hustler Magazine and Larry C. Flynt, Petitioners v. Jerry Falwell Citations: 485 U.S. 46; 108 S. Ct. 876; 99 L. Ed. 2d 41; 1988 U.S. LEXIS 941; 56 U.S.L.W. 4180; 14 Media L. Rep. 2281 Prior history: Judgment for plaintiff, W.D. Va.; affirmed, 797 F.2d 1270 (4th Cir. 1986); rehearing denied, 4th Cir., 11-4-86; cert. granted, 480 U.S. 945 (1987) Subsequent history: None
Holding
The creators of parodies of public figures are protected against civil liability by the First Amendment, unless the parody includes false statements of fact made in knowing or reckless disregard of the truth. Fourth Circuit Court of Appeals reversed.
Court membership
Chief Justice: William Rehnquist Associate Justices: William J. Brennan, Byron White, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy
Case opinions
Majority by: Rehnquist Joined by: Brennan, Marshall, Blackmun, Stevens, O'Connor, Scalia Concurrence by: White Kennedy took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I

Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), was a case argued before the United States Supreme Court. The decision strengthened free speech rights in relation to parodies of public figures by extending the "actual malice" test of New York Times v. Sullivan, 376 U.S. 254 (1964). Image File history File links Seal_of_the_United_States_Supreme_Court. ... The Supreme Court of the United States is the highest judicial body in the United States and is the only part of the judicial branch of the United States federal government explicitly specified in the United States Constitution. ... The United States District Court for the Western District of Virginia is a United States district court which is seated in the following locations in Virginia: Abingdon Big Stone Gap Charlottesville Danville Harrisonburg Lynchburg Roanoke The people are represented in this court by the United States Attorney for the Western... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Maryland Eastern District of North Carolina Middle District of North Carolina Western District of North Carolina District of South Carolina Eastern District of... This law-related article does not cite its references or sources. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... William J. Brennan, official portrait, 1976. ... Byron White, official portrait. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... John Paul Stevens (born April 20, 1920) is an American jurist, and the senior Associate Justice of the Supreme Court of the United States. ... Other facts and information OConnor is an avid golfer who scored a hole-in-one in 2000 at the Paradise Valley Country Club in Arizona. ... Antonin Gregory Scalia (born March 11, 1936) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Wikiquote has a collection of quotations related to: Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ... The Supreme Court of the United States is the highest judicial body in the United States and is the only part of the judicial branch of the United States federal government explicitly specified in the United States Constitution. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1964 (MCMLXIV) was a leap year starting on Wednesday (the link is to a full 1964 calendar). ...

The case was argued on December 2, 1987 and the Court handed down its decision on February 24, 1988 by a vote of 8 to 0. William Rehnquist wrote for the Court, Byron White concurred. Anthony Kennedy had taken his seat on the bench a mere six days before the decision was handed down, and so did not take part in the case. December 2 is the 336th day (337th in leap years) of the year in the Gregorian calendar. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... February 24 is the 55th day of the year in the Gregorian Calendar. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Byron White, official portrait. ... Wikiquote has a collection of quotations related to: Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ...

Background of the case

Larry Flynt made a fortune and contributed to the rise of the sexual revolution in America through publication of Hustler magazine. While Hustler has always been known for its explicit, even gynecological pictures of nude women and its crude humor, the prominent fundamentalist Protestant minister Jerry Falwell found nothing funny about a 1983 parody featuring him. In a parody of a magazine advertisement for a popular alcoholic drink, Hustler described a drunk Falwell having an incestuous encounter with his mother in an outhouse. Falwell sued Flynt, alleging libel and intentional infliction of emotional distress. This article or section may contain original research or unverified claims. ... This article or section does not cite its references or sources. ... United States is the current Good Article Collaboration of the week! Please help to improve this article to the highest of standards. ... Hustler (June, 1978), perhaps the most controversial issue due to the perceived misogyny of the cover image Larry Flynt Hustler Club on West 52nd Street in New York Hustler is a monthly pornographic magazine aimed at men and published in the United States. ... The shamefulness associated with the examination of female genitalia has long inhibited the science of gynaecology. ... In comparative religion, fundamentalism has come to refer to several different understandings of religious thought and practice, through literal interpretation of religious texts such as the Bible or the Quran and sometimes also anti-modernist movements in various religions. ... Protestantism is one of three main groups currently within Christianity. ... Jerry Lamon Falwell (born August 11, 1933 in Lynchburg, Virginia) is an evangelical pastor and televangelist from the United States. ... Generally speaking, advertising is the paid promotion of goods, services, companies and ideas by an identified sponsor. ... Functional group of an alcohol molecule. ... This article or section may contain original research or unverified claims. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ...

The parody ad at issue in the case

The satire in question was a fake advertisement, parodying a real advertising campaign for Campari, an Italian apéritif. The real ads were tongue-in-cheek interviews with celebrities talking about their “first time.” The ads played off a double entendre, with the headline (“X talks about his first time”) and the interview first sounding like a discussion of the star’s first sexual experience, then revealing that the discussion was about their first time trying Campari. Image File history File links Falwellhustler. ... Image File history File links Falwellhustler. ... A parody advertisement is a fictional advertisement for a non-existent product, either done within another advertisement for an actual product, or done simply as parody of advertisements -- used either as a way of ridiculing or drawing negative attention towards a real advertisement or such an advertisements subject, or... Billboards and street advertising in Shinjuku, Tokyo, Japan, (2005) Advertising is drawing public attention to goods and services by promois performed through a variety of media. ... The current version of the article or section reads like an advertisement. ... An apéritif is an alcoholic drink usually enjoyed as an appetizer before a large meal. ... Sarcasm is the making of remarks intended to mock the person referred to (who is normally the person addressed), a situation or thing. ... It has been suggested that this article or section be merged with Profanity. ...

The Hustler parody featured a picture of Falwell, and an "interview" in which "Falwell" describes his first sexual experience as occurring “with Mom” in an outhouse while both were "drunk off our God-fearing asses on Campari." In the spoof interview, "Falwell" goes on to say that he was so intoxicated that "Mom looked better than a Baptist whore with a $100 donation," that he decided to have sex with his mother since she had "showed all the other guys in town such a good time," and that they had intercourse regularly afterwards. Finally, when asked if he had tried Campari since, "Falwell" answered, "I always get sloshed before I go out to the pulpit. You don’t think I could lay down all that bullshit sober, do you?" The ad carried a disclaimer in small print at the bottom of the page, reading "ad parody -- not to be taken seriously." The magazine's table of contents also listed the ad as "Fiction; Ad and Personality Parody." Small print refers to the practice of including necessary legal terms or phrases in small writing on commercial or contractual documents. ...

A jury in the U.S. District Court for the Western District of Virginia found the parody did not amount to libel. This was in part because New York Times v. Sullivan set a very high standard -- "actual malice" -- for libel against "public figures," such as politicians and celebrities. Moreover, libel pertains to a false statement of fact, while the jury found that the ad "was not reasonably believable." The jury was not convinced that a typical person reading the satire would have thought that Jerry Falwell really did make the statements in question or have sex with his mother in an outhouse. Nonetheless, the jury returned $150,000 in damages for Falwell on the basis that Flynt had intentionally inflicted "emotional distress" on Falwell. Flynt decided to appeal. This article or section does not cite its references or sources. ... The United States District Court for the Western District of Virginia is a United States district court which is seated in the following locations in Virginia: Abingdon Big Stone Gap Charlottesville Danville Harrisonburg Lynchburg Roanoke The people are represented in this court by the United States Attorney for the Western... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ...

Flynt's lawyer argued that it was just too easy to prove that a satirist intended to emotionally distress his target. If the Supreme Court accepted that standard, then it would make it very easy for public figures to win damages from satirists. This would have a chilling effect on satire, as cartoonists and comedians would have to worry that they didn't hurt anyone's feelings too badly. A chilling effect is a situation where speech or conduct is suppressed or limited by fear of penalization at the hands of an individual or group. ...

The Court's decision

The Court ruled that a public figure could not recover damages for intentional infliction of emotional distress based on a satire, because under the First Amendment, an obvious satire or parody of a public figure remains protected speech, even if it causes emotional distress to that person. A public figure couldn't recover damages without showing not only that the publication contained a "false statement of fact" (that is, a statement that a reasonable reader would believe to be true), but also that the satirist acted with "actual malice" (that is, "with knowledge that the statement was false or with reckless disregard as to whether or not it was true"). The Supreme Court overturned the decision of the lower court. 1867 edition of the satirical magazine Punch, a British satirical magazine, ground-breaking on popular literature satire. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...

The court stated that satire (even outrageous satire) has a long and important history in America and that the Founding Fathers had specifically intended for the First Amendment to protect these types of parodies. The court cited many examples of famous, if bitingly satirical, political cartoons, "from the early cartoon portraying George Washington as an ass down to the present day." The Court paid particular attention to the cartoons of Thomas Nast, whose cartoons ridiculed the corruption of Tammany Hall and helped bring about the downfall of Boss Tweed. The court noted that Nast's cartoons were successful because of their emotional impact, which arose out of going "beyond the bounds of good taste and conventional manners." Founding Fathers are persons instrumental in the establishment of an institution, usually a political institution, especially those connected to the origination of its ideals. ... George Washington (February 22, 1732–December 14, 1799)[1] led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and was later elected the first President of the United States. ... Thomas Nast (September 27, 1840 – December 7, 1902) was a famous caricaturist and editorial cartoonist in the 19th century and is considered to be the father of American political cartooning. ... Tammany Hall was the name given to the Democratic Party political machine that played a major role in New York City politics from the 1790s to the 1960s. ... 1869 Tobacco label featuring Boss Tweed. ...

Critical response

Stanley Fish harshly criticized the decision in his essay "Jerry Falwell's Mother", which is contained in his essay collection There's No Such Thing as Free Speech, and It's a Good Thing, Too (Oxford University Press, 1994); see also the essay with the same title as the book. Fish argues that if one has -- even implicitly -- a potential answer to the question "what is free speech good for?" -- which for most people would probably be along the lines of "in the free and open clash of viewpoints the truth can better become known" rather than "it is intrinsically good for people to produce syntactically correct language utterances, regardless of their semantic content" -- then there is no hypocrisy or contradiction in constraining speech in terms of deeper foundational values.(hellloooo) Stanley Fish (born 1938) is a prominent American literary theorist and legal scholar. ...

Dramatization

• The People vs. Larry Flynt, directed by Miloš Forman and starring Woody Harrelson as Flynt and Edward Norton as Flynt's lawyer, features the case prominently.

The People vs. ... Jan Tomáš Forman (born February 18, 1932), better known as Miloš Forman, is a film director, actor, screenwriter and professor. ... Impromptu shot of Woody Harrelson in Eugene, Oregon, 2004 Woodrow Tracy Harrelson (born July 23, 1961), better known as Woody Harrelson, is an Academy Award-nominated and Emmy-winner American actor. ... Edward H. Norton[1] (born August 18, 1969) is an Oscar-nominated American actor and film director. ...

Related cases

• New York Times Co. v. Sullivan, 376 U.S. 254 (1964)- actual malice standard for press reporting about public figure to be libel
• Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)- opinion isn't libel, actual malice not necessary for defamation of private person if negligence is present
• Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)— existing law sufficient to protect free speech without recognizing opinion privilege against libel claims.

Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... Holding The First Amendment permits states to formulate their own standards of libel for defamatory statements made about private figures, as long as liability is not imposed without fault. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... Holding The First Amendment does not require a separate opinion privilege limiting the application of state defamation laws. ... This article is about the year. ...

External links

• Text of the decision