Thursday, November 7, 2013

Hustler Magazine v. Falwell case brief

Hustler Magazine v. Falwell case brief summary
485 U.S. 46 (1988)

CASE SYNOPSIS
Petitioner magazine sought review of the judgment of the United States Court of Appeals for the Fourth Circuit, affirming an award of monetary damages to respondent, a nationally known minister, for intentional infliction of emotional distress arising from the publication of an advertisement parody.

CASE FACTS
Respondent brought suit against petitioner for libel, slander, and intentional infliction of emotional distress arising from the publication of his caricature in an ad parody. The jury awarded damages on the intentional infliction of emotional distress charge, and the court of appeals affirmed the award. Petitioner sought certiorari claiming the damages were inconsistent with the First Amendment.

DISCUSSION
  • On review, the Court found that respondent, as a public figure, was required to show that the statements published in the advertisement parody were made with actual malice or reckless disregard of the truth. 
  • The Court found that the award of damages was inconsistent with the Court's longstanding refusal to allow damages just because a particular form of speech may have had an adverse emotional impact on the audience. 
  • The judgment of the Court of Appeals was accordingly reversed.

CONCLUSION

The judgment was reversed because respondent was required to show that petitioner acted with malice or recklessness in publication of statements in an advertisement parody.

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