Critical Thinking 11.4 - 4. As Chief Justice Rehnquist...

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POS 23:48:30 Jose Alvarez Critical Thinking 11.4 1. The characteristics of the Hustler Campari ad that made it impossible for the jury to find libel damages against Hustler is the fact that under the ad was the statement: AD PARODY—NOT TO BE TAKEN SERIOUSLY. By doing this, there was no proof of actual malice. 2. While I cannot say for sure, I think that the jury would have found against Hustler if he was a private individual. I think the reason for this is that, according to the Supreme Court, private individuals don’t have to prove malice; they only have to prove defamation, which was obvious in the ad. 3. If Hustler hadn’t included the disclaimer, then I’m positive that the jury would have found the magazine guilty of libel without question. The reason for this is that there would be no proof that the ad was not intended to be malicious to Jerry Falwell; therefore it would qualify as being libel.
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Unformatted text preview: 4. As Chief Justice Rehnquist states in the reading, the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers. So basically, just because someone finds something offensive doesnt mean that they deserve to receive damages because they are offended by what was said. No matter what is said, someone somewhere will find any kind of statement offensive in some way or another. 5. I wouldnt have supported the award for monetary damages to Falwell. I understand that he is a public figure and has rights, but since there was no malicious intent I dont see a reason for him to sue and deserve damages. At worst the magazine might deserve a reprimand, but since Falwell is technically not an private person, he needs to probe an intent of malice to have any hope of receiving any kind of damages....
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This note was uploaded on 04/07/2008 for the course POS 2041h taught by Professor Knuckey during the Spring '08 term at University of Central Florida.

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