Case Brief Hustler and larry Versus Fallwell ch 7

Case Brief Hustler and larry Versus Fallwell ch 7 - figure...

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Belen Cardenas Andrew Wault Case Brief February 9, 2009 Hustler Magazine and Larry C. Flynt v. Jerry Falwell 485 U.S. 46 (1987) Facts: Hustler Magazine published an article making fun of prime minister Jerry Falwell. In the article, they ridiculed a supposed sexual experience with his mother in an outhouse. Jerry falwell sued Hustler and Flynt to recover damages for invasion of privacy, libel, and intentional infliction of emotional stress. The Disctrict court claimed against the privacy claim and allowed the jury to handle the other two claims. Hustler and Flynt were granted the defamation claim, and Fallwell was awarded damages on the claim on emotional distress consistent with the First and Fourteenth Amendments. Hustler and Flint appealed stating that the First Amendment gave them the right to publish a parody of a public
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Unformatted text preview: figure and protected them against the emotional distress claim by Fallwell. Issue: Whether or not the First Amendment has certain limits to which a parody can be published even though it can cause intentional infliction of emotional distress. Holding: Supreme court rules in favor of the appeal from Hustler and flynt. Rationale: A public figure cannot file for intentional infliction of emotional distress unless he can prove that it was purposely put in the paper with the knowledge that it was false or not knowing if it was false or true. The article clearly stated that it was not to be taken seriously. The freedoms protected by the first amendment needs to have space in order to be practiced. Result Reversed...
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