Hustler Magazine v. Falwell 1988
| Author | Daniel Brannen, Richard Hanes, Elizabeth Shaw |
| Pages | 61-65 |
Page 61
Petitioners: Hustler Magazine, Inc., et al.
Respondent: Reverend Jerry Falwell
Petitioners' Claim: That the First Amendment prevented Jerry Falwell from recovering damages for emotional distress caused by a fake advertisement about him in Hustler Magazine.
Chief Lawyer for Petitioners: Alan L. Issacman
Chief Lawyer for Respondent: Norman Roy Grutman
Justices for the Court: Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, John Paul Stevens, Byron R. White
Justices Dissenting: None (Anthony M. Kennedy did not participate)
Date of Decision: February 24, 1988
Decision: Falwell was not allowed to recover damages for emotional distress.
Significance: For a public figure to recover damages for emotional distress, he must prove that the publisher knew or should have known it was printing something false.
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The First Amendment protects the freedom of the press in the United States. It allows people to publish newspapers, magazines, and books that explore important issues for the public. America's founders believed that the ability to share ideas is one of the most important parts of freedom. Publishers often write about public figures—people such as politicians and celebrities who are well known to the public. Sometimes publishers harm a public figure's reputation by writing things that are not true. This is called libel. When libel happens, the public figure can sue the publisher to recover money for his damages. In New York Times v. Sullivan (1964), however, the U.S. Supreme Court said a public figure can recover for libel only if he proves that the publisher knew he was printing a false statement. Otherwise, publishers would be afraid to print stories they thought were true because the stories might contain an error. That would violate the freedom of the press. In Hustler Magazine v. Falwell, the Court had to decide whether a public figure can recover damages when he is injured by a parody. A parody is a funny article, cartoon, or other item that is not meant to be true. It simply explores a public topic with humor.
Hustler Magazine owner Larry Flynt and Reverend Jerry Falwell putting their differences aside to share a laugh.
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