First amend l rev 497 the plaintiffs case failed for

  • No School
  • AA 1
  • melk007
  • 24

This preview shows page 10 - 11 out of 24 pages.

Page 10 12 First Amend. L. Rev. 497, *The plaintiff's case failed for multiple reasons, the court said, particularly because she was both a public figure involved in public debate, and there was no possible way the content in question could be construed as truthful or factual. n155"Ludicrous statements are much less [*521]insidious and debilitating than falsities that bear the ring of truth. We have little doubt that the outrageous and the outlandish will be recognized for what they are," the court wrote. n156Here, plaintiff also had a mixed, if not limited, understanding of actual malice under Sullivan. n157The critical analysisfollows:Falwell makes clear that the Features do address matters of public concern. Accordingly, Dworkin's claims in this case are squarely within the rule of New York Times, which requires her to establish a question of fact as to malice on the part of Hustler. As we indicated above, this she has failed to do. n158Further reiterating the Falwell case, the court held the content would "receive full-fledged New York Times protection" because of the nature of the material and the source of the content, a pornographic magazine's Features section and cartoons. n159In Geary v. Goldstein, n160the court protected another pornographic attempt at humor where a commercial was spliced with a pornographic video played during a well-known adult television program on New York City's public access station. Here, the context and reasonableness of the viewer of the phony commercial played a decisive role, even though plaintiff argued the pornographic video, which was inserted in a legitimate commercial in which she performed but was done without her knowledge or consent, giving rise to defamation and invasion of privacy claims. n161The parody commercial, which mocked the [*522]underlying work's sexual innuendos, was obviously a parody, the court held: n162It would be clear to any viewer who watched for more than a few minutes that both the Parody and Midnight Blue were produced by Goldstein; that they arose from his particular set of beliefs; and hence that the Parody was part of the largerwork of the Midnight Blue Program. n163B. Worlds Collide: Humor and PoliticsIf comedy is serious business, then political humor is a matter of life and death. Perhaps a bit of hyperbole needs to be apart of the discussion of the legal protections for humor under the First Amendment. After all, exaggeration and hyperbole are often vital components of jokes and satire. n164In mapping comedy's legal landscape, it is important to not only address how courts have afforded a range of legal protections for comedy, satire, and jokes (especially under New York Times Co. v. Sullivan), but also to explore the types of comedy and the role humor and comedy plays in the marketplace of ideas. Political humor, often biting and caustic, plays a crucial role in the protections comedy has been afforded under the Sullivan precedent. One scholar considers humor as a spur to science, creativity, and "unconventional ideas." n165Others have credited comedic sources
Image of page 10
Image of page 11

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture