1988 United States Supreme Court case
Hustler Magazine v. Falwell | |
---|---|
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 (more) 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 |
Argument | Oral argument |
Case history | |
Prior | 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 | None |
Holding | |
Parodies of public figures which could not reasonably be taken as true are protected against civil liability by the First Amendment, even if intended to cause emotional distress. Fourth Circuit Court of Appeals reversed. | |
Court membership | |
| |
Case opinions | |
Majority | Rehnquist, joined by Brennan, Marshall, Blackmun, Stevens, O'Connor, Scalia |
Concurrence | 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) is a unanimous decision by the Supreme Court of the United States that held ...
Background
editSatire as political expression
editMain article: The Entry
Freedom of speech caselaw
editCampari ad parody
editLower court history
editDistrict Court
editUnited States District Court for the Western District of Virginia...
Court of Appeals
editU.S. Supreme Court
editAcceptance and briefs
editArgument
editOpinion of the Court
editMajority
editConcurrence
editReaction
editAnalysis
editIn popular culture
editDramatization
editFurther information: The People vs. Larry Flynt
Impact
editLaw reviews and journals
editSubsequent developments
editSee also
edit- Caselaw
- 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 is not libel; "actual malice" not necessary for defamation of private person if negligence is present.
References
editFurther reading
edit- Brewer, Edward C. (2003). "Hustler Magazine, Inc. v. Falwell". In Parker, Richard A. (ed.) (ed.). Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, AL: University of Alabama Press. pp. 264–280. ISBN 0-8173-1301-X.
{{cite book}}
:|editor=
has generic name (help) - Fish, Stanley (1994). "Jerry Falwell's Mother". There's No Such Thing as Free Speech, and It's a Good Thing, Too. Oxford University Press.
External links
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- Text of Hustler Magazine v. Falwell, 485 U.S. 46 (1988) is available from: Findlaw Justia LII
- The OYEZ Project
Category:1988 in United States case law
Category:United States defamation case law
Category:United States Free Speech Clause case law
Category:United States Supreme Court cases