Hustler Magazine, Inc. v. Falwell

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Presentation transcript:

Hustler Magazine, Inc. v. Falwell Jonathan Wyatt

The Ad The ad was for Campari Liquer Depicted an incestuous sexual act with his mother in a Lynchburg outhouse

Outrage After numerous revisions and donations from over 500,000 of Falwell's “congregation,” the official complaint was issued on January 30th, 1984. Hustler Magazine rereleases the Campari ad the following month.

The Roanoke Trial On December 3rd, 1984, the trial opens in a federal district court in Roanoke, Virginia. Flynt vehemently denied all charges, claiming (against his deposition), that the ad was meant as a parody, and therefore cannot be considered libel. The court ordered that Hustler Magazine give Falwell 200,000 dollars as compensation for emotional damages.

Supreme Court After repeated attempts to get the case back into the courtroom, the Supreme Court brings in the attorneys of the two parties to hear their oral arguments on December 2nd, 1987. The Supreme Court decides, with an eight-to-zero vote, to overturn the Virginia district court's decision, calling on the First Amendment as validation.

After the Case Fifteen years after Hustler Magazine, Inc. v. Falwell, Larry Flynt and Jerry Falwell became the unlikeliest of friends. “Not only had we been archenemies for 15 years, his beliefs and mine traveling in different solar systems...but now he was hugging me in front of millions on the Larry King show.” The two men held a correspondence that lasted up until Falwell's death in 2007.

Summary Hustler Magazine, Inc. v. Falwell established that the emotional distress of a public figure is not grounds for revoking the freedom of speech granted in the 1st Amendment, and that the libel and slander of a public figure can only be valid accusations if there was a clear predetermination to inflict damage to the figure's reputation and perception of character. The Campari ad did not fit that description.

Citations "Falwell v Flynt Trial of 1984: A Chronology." Falwell v Flynt Trial 1984: A Chronology. "Tort Notes concerning the Falwell v Flynt Trial." Tort Notes concerning the Falwell v Flynt Trial. 29, March. "Contempt Charges Against Flynt Dismissed." Los Angeles Times. March 29, 1985. "Falwell v. Flynt: 1984 - Flynt Duels With Lawyer, Jury Verdict Unprecedented." - Time, Jerry, Grutman, and Mother. "Hustler Magazine, Inc. v. Falwell." LII / Legal Information Institute.